Plaintiff Leslie Kelly, a professionaal photographer who has copyrighted many of
ID: 672815 • 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 without 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
Arriba uses pictures on her website so users could click on those small picture "thumbnails" to view a large verisonn of the picture.Arroba's using picture is a fair use she doesn't harm quality valye of kelly's photographer and not doing any illegal activity.If reusing photograph for any fair task it's not crime.Arriba's use of Kelly's images also would not harm Kelly's ability and market value.But if Arriba display of the full-sized images that is violation og copyrights she can't use full Image on her serach engine.Arriba use of the images for the thumbnails, displaying Kelly's full-sized images does not enhance Arriba's search engine. The images do not act as a means to access other information on the internet but, rather, are likely the end product themselves. Although users of the search engine could link from the full-sized image to Kelly's web site, any user who is solely searching for images would not need to do so.
Arriba's use of Kelly's images also would not harm Kelly's ability to sell or license his full-sized images. Arriba does not sell or license its thumbnails to other parties. Anyone who downloaded the thumbnails would not be successful selling the full-sized images because of the low-resolution of the thumbnails. There would be no way to view, create, or sell a clear, full-sized image without going to Kelly's web sites. Therefore, Arriba's creation and use of the thumbnails does not harm Kelly's images.
Kelly's images are related to several potential markets. One purpose of the photographs is to attract internet users to his web site, where he sells advertising space as well as books and travel packages. In addition, Kelly could sell or license his photographs to other web sites or to a stock photo database, which then could offer the images to its customers.Even kelly got publicity.