21 ms·

Why does Google Images get a free pass then?

by timmaah 15y ago

Joakal 15y ago
Google links to source. You can't even view the full size from Google cache (it's an ugly compressed thumbnail). If you see a publisher not give credit for article and/or media used then they are cheap. She should have sent them an invoice for using the picture. I heard it's the standard for photojournalists to do this, except charge 5x the rate (for publishers not initially asking).
kbutler 15y ago
> Why does Google Images get a free pass then? Google Images gets a "free pass" because their use is a "fair use" as defined in US copyright law. """ Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work """ http://www.copyright.gov/fls/fl102.html http://www.copyright.gov/fls/fl102.html Google Images uses the copied images to guide users to the original (#1), uses a reduced-resolution thumbnail (#3), and in general may have a neutral or even positive effect on the value of the work (#4). Of course, a simpler answer is that the US Court of Appeals for the Ninth Circuit said Google gets a free pass because Google's use was highly transformative. http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.com%2C_Inc http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.co... You can argue about what definition of "free" includes defending against a lawsuit carried through the US Court of Appeals...

Why does Google Images get a free pass then?

by timmaah 15y ago

Why does Google Images get a free pass then?

Google links to source. You can't even view the full size from Google cache (it's an ugly compressed thumbnail). If you see a publisher not give credit for article and/or media used then they are cheap. She should have sent them an invoice for using the picture. I heard it's the standard for photojournalists to do this, except charge 5x the rate (for publishers not initially asking).

kbutler 15y ago

> Why does Google Images get a free pass then? Google Images gets a "free pass" because their use is a "fair use" as defined in US copyright law. """ Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work """ http://www.copyright.gov/fls/fl102.html http://www.copyright.gov/fls/fl102.html Google Images uses the copied images to guide users to the original (#1), uses a reduced-resolution thumbnail (#3), and in general may have a neutral or even positive effect on the value of the work (#4). Of course, a simpler answer is that the US Court of Appeals for the Ninth Circuit said Google gets a free pass because Google's use was highly transformative. http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.com%2C_Inc http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.co... You can argue about what definition of "free" includes defending against a lawsuit carried through the US Court of Appeals...