I'm puzzling through all of this too. Could it be the case that the acquisition of the images would be problematic (the files are owned or licensed by other companies) but that the use of the images is ok? That would be a particularly annoying snarl: if you've got it, you can use it, but you can't get it...
Ken Peter Keane wrote:
Actually, this is one of a number of links out there (esp. regarding the Arriba Soft case) suggesting that fair use, regarding thumbnail images, is quite often the applicable standard, the key (often) being that there is no "Effect of the use upon the potential market for or value of the copyrighted work". It's just depressing to me that the society, in the shadow of DCMA, RIAA action, etc. has essentially cowered in the face of these copyright issues, and I would go so far as to say the we librarians often abrogate our duty. I mean it is our job to *create* access to information not *prevent* it. Right? Geez, nothing like the free flow of information getting privatized. My aim is just to promote the idea of assuming that "information wants to be free" and proceed under that assumption unless there is clear and obvious proof otherwise. Looked at another way: a thumbnail is just a bit of "visual" metadata, and you cannot copyright metadata. --peter keane
