Judge Issues Injunction Against Google Over Photos
A federal judge has ruled that portions of Google's popular image search
feature, which displays small thumbnail versions of images found on other
Web sites, likely violate U.S. copyright law. U.S. District Judge A.
Howard Matz ruled that Perfect 10, an adult-oriented Web site featuring
"beautiful natural women" in the nude, has shown that Google image search
probably infringes copyright law "by creating and displaying thumbnail
copies of its photographs."
# Read the article: CNET News.com
http://news.com.com/2100-1030_3-6041724.html
There are several interesting points for museum / archive / library people
in this article:
"In a 48-page opinion (click here for PDF), Matz agreed that Google provides
"an enormous public benefit." But, he said, "existing judicial precedents do
not allow such considerations to trump" copyright law. "
That really makes one sit up and blink. However, the next sentence
clarifies this a bit:
"If Google offered only its traditional search feature, optimized for
computers with desktop-size screens, the outcome might have been different.
But the judge noted two differences: First, the search company apparently
receives AdSense advertising revenue from some of the photo-pirating sites,
and second, Google's image search has an option for mobile phones. "
Okay, we don't usually get ad revenue from our online searchable
databases -- although the mobile phone option is intriguing.
But the best part is probably the sidebar: "Google: Nude photos aren't
art":
"Google argues that [these] works are not creative because [the company]
"emphasizes the objects of the photographs (nude women) and assumes that
persons seeking Perfect 10's photos are searching for the models and for
sexual gratification" Google contends this "implies a factual nature of the
photographs."
The Court rejects this argument. The P10 photographs consistently reflect
professional, skillful, and sometimes tasteful artistry. That they are of
scantily-clad or nude women is of no consequence; such images have been
popular subjects for artists since before the time of "Venus de Milo."
Art historians, take note.
Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
Chair, MCN IP SIG
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