Perfect 10, Inc. v. Amazon.com, Inc.
2007 American legal decision / From Wikipedia, the free encyclopedia
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Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir., 2007) was a case in the United States Court of Appeals for the Ninth Circuit involving a copyright infringement claim against Amazon.com, Inc. and Google, Inc., by the magazine publisher Perfect 10, Inc. The court held that framing and hyperlinking of original images for use in an image search engine constituted a fair use of Perfect 10's images because the use was highly transformative, and thus not an infringement of the magazine's copyright ownership of the original images.[1]
Perfect 10, Inc. v. Amazon.com, Inc. | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Perfect 10, Inc. v. Amazon.com, Inc. and A9.com Inc. and Google Inc. |
Argued | November 15, 2006 |
Decided | May 16, 2007 |
Citation(s) | 508 F.3d 1146 |
Case history | |
Prior history | Grant of partial injunctive relief: Perfect 10 v. Google, Inc., 416 F. Supp. 2d 828 (C.D. Cal. 2006). |
Holding | |
The use of thumbnail versions of copyright images for search engine purposes is transformative use, and falls within the fair use provisions of United States copyright law. | |
Court membership | |
Judge(s) sitting | Cynthia Holcomb Hall, Michael Daly Hawkins, and Sandra S. Ikuta |
Case opinions | |
Majority | Ikuta, joined by Hall, Hawkins |
Laws applied | |
17 U.S.C. § 107 |
The case originated as a suit against Google,[2] with Amazon being added as another defendant at the Circuit Court hearings, because Amazon used thumbnail images that had been obtained from Google.[3]