Legal Question in Technology Law in California

Use of images from another website as thumbnails on my websie

Hello,

This is a follow up to a previously posted question (958696652).

I see in a lot of websites, blogs especially, that images from other websites (presumably copyrighted) are used in forms of thumbnails with a reference to the original website.

Is this legal or a copyright infringement?

Does the size/quality of the thumbnail have an impact on the legality of this?

Thank you,

Paul


Asked on 1/08/09, 4:36 pm

2 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: Use of images from another website as thumbnails on my websie

The size of the image does not impact whether it is a violation of copyright, but the purpose of the use has a huge impact. Generally, one may be allowed to copy intellectual property if such copying is "fair use", but only a federal judge can tell you (after the fact) whether such use was fair.

You can get a fair idea from an attorney whether your intended use will satisfy the fair use standard, but no one, not an attorney nor even a federal judge that has no litigation pending before him, can tell you in advance whether the copying is lawful or not.

Some folks are willing to take the chance, and other folks will want to play it safe and not copy.

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Answered on 3/03/09, 4:18 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Use of images from another website as thumbnails on my websie

Have a look at the Perfect 10 v. Google litigation for a thorough discussion of use of thumbnails.

Short answer... don't do it without permission

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Answered on 1/13/09, 2:40 pm


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