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Re: Images and copyrights online

Christopher, no pesky questions. It is the interpretation of the
decision that this decision very clearly and very decisively answers
your question. ONLY an image search engine may post a thumbnail of your
image under "fair use". PERIOD. If a normal website, i.e.,
http://welovegeraniums.com, creates a thumbnail of your favorite
geranium image and links to your website, your image, copyright
registered or not, it has not been used as "fair use" in light of this
decision. However, if this website contacts you for permission, it is
your own decision as to whether you wish to benefit from the additional
publicity beyond what an image search engine may do. If
http://welovegeraniums.com creates a thumbnail and then links to an
inline linked, framed, full size image, according to the decision, there
is the likelihood of market harm here.

I anticipate that the decision will have a ripple effect, a positive
one, throughout the world. No court has ruled in this area previously.
Thanks for your interest.

Question for you, did you by chance note that the Diggit! Image Searcher
probably indexed your site as well? Don't bother to look for them as
they are now off the Net after I confronted them with their very illegal
inline linking and framing in June 2001. There may very well be a
lawsuit filed against them, too, in the near future. You can see the
remnants of the website, For Sale, at http://diggit.com

With best regards,

Les.

"Christopher P. Lindsey" wrote:
> 
> > Christopher, my Attorneys are saying that you may post images of any
> > size on your own website. Image Search Engines may post thumbnails of
> > your full size images on their websites SO LONG AS there is a direct
> > link from the thumbnail to the web page on which your image appears. To
> > post to an interim page OR a full size image, inline linked or framed,
> > is illegal.
> >
> > I doubt that there will need to be another case decision because Kelly v
> > Arriba Soft was rather definitive in its language.
> 
> Leslie,
> 
>    Thanks for the clarification!
> 
>    But now you've opened the floodgates, because I'm going to try to pick
>    your brain as much as I can.  :)
> 
>    With respect to thumbnails, when is it considered fair use as opposed
>    to theft?  I realize that this is a gray area in copyright law no
>    matter what, but how well did the ruling define these boundaries?  If a
>    site about Geraniums takes one of my photos, makes it into a 100 pixel
>    thumbnail and then links back to my site from it, is that fair use?
>    My gut reaction is that it is, so long as they're not taking the entire
>    image collection and creating thumbnails for non-indexing purposes.
> 
>    This ruling will set the tone within the United States and its
>    territories, but what kind of impact is expected on the international
>    scene?
> 
> Thanks for reading all of my pesky questions,
> 
> Chris
> 
> http://www.hort.net/gallery/      2382 online plant photos and growing!
> http://www.hort.net/gallery/date/2002-02-10/       The latest additions
> 
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