Search Engines Score Another Perfect 10: The Continued Misuse of Copyrighted Images on the Internet

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Volume 7, Issue 2 (Jun 2012)

In Kelly v. Arriba Soft Corp., the Ninth Circuit held that search engines’ reproduction of images for use as thumbnails is a fair use under the Copyright Act. This Recent Development critiques the Ninth Circuit’s analysis in determining whether a search engine infringed on a copyright holder’s rights. The author proposes that this ruling broadened the scope of fair use on the Internet. As a result, Kelly does not fulfill copyright law’s goal of providing a balance between the rights of the copyright holder and the rights of the general public. However, a recent ruling against the search engine Google may be one of the first steps toward curtailing search engines’ power.

Sara Ayazi, Recent Development, Search Engines Score Another Perfect 10: The Continued Misuse of Copyrighted Images on the Internet , 7 N.C. J.L. & Tech. 367 (2006), available at http://ncjolt.org/wp-content/uploads/2016/09/15_7NCJLTech3672005-2006.pdf.

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