- From: Ian Hickson <ian@hixie.ch>
- Date: Wed, 30 Jul 2008 03:06:20 +0000 (UTC)
On Wed, 30 May 2007, ddailey wrote: > > This makes good sense to me. Under US case law stemming from Kelly v > Arriba, the thumbnail has a rather special legal status > (http://srufaculty.sru.edu/david.dailey/copyright/legalthumb.htm ).* I > believe similar discussions have taken within WIPO (and certainly did > under CONFU), such that that status may have burbled outward (of the US) > a bit. > > The use case in which the thumbnail appears at a different site than the > thing from which it is derived is therefore highly likely, at least in > the US (or in places that have access to TCP/IP). If my memory is > correct, it was shortly after the initial decision in Kelly that Google > began an "image search" capability quite reminiscent of what > Ditto/Arriba had been doing. The case law would appear to require proper > citation to be provided so providing a standard typographic mechnism for > doing that seems worthwhile. > > David (IANAL) > > *The situation was muddied a bit by a recent injunction against Google, > http://news.com.com/2100-1030_3-6041724.html -- but upon appeal Google's > use was upheld > http://seattlepi.nwsource.com/business/316013_amazongoogle17.html . I haven't added this, because frankly I haven't heard any requests for this that weren't hypothetical (like the above). In particular, Google Image search, cited above, hasn't asked me for anything like this. Note that we have <figure> now, and may in time add <credit> to <figure> to handle this in a more visible way. -- Ian Hickson U+1047E )\._.,--....,'``. fL http://ln.hixie.ch/ U+263A /, _.. \ _\ ;`._ ,. Things that are impossible just take longer. `._.-(,_..'--(,_..'`-.;.'
Received on Tuesday, 29 July 2008 20:06:20 UTC