Plaintiff Leslie Kelly, a professionaal photographer who has copyrighted many of
ID: 1189551 • Letter: P
Question
Plaintiff Leslie Kelly, a professionaal photographer who has copyrighted many of his images of the American West, Licenses those images to other websites. The defdant is Arriba Soft Corp., an Internet seach engine that displays its results in the form of small pictures. Arriba copied 35 of Kelly's images to its database with Kelly's permission and used them on its website so users coud click on those small picture "thumbnails" to view a large verisonn of the picture. When Kelly discovered this, he brought suit against the defendant for copyright infringement.
What critical factors are analyzed in determining whether use in a particular case is a fair use? Decide if Arriba Soft's use of the pictures is a fair use.
Explanation / Answer
Prior` permission – The user should take prior permission to use the copyrighted item to his benefits.
Proper use – If it is on the internet then the user should ensure that the photos should not be downloaded and only can be viewed.
Arriba Soft’s use of the photos was fair in taking the prior permission from Kelly to display them on the website, however, it was unfair on their part that they put not only the thumbnails but also the larger versions for the internet to download them.