In 2006 and 2007, Google lost two german lawsuits regarding copyright infringing thumbnail images. Photographer Michael Bernhard claimed that his images were being displayed on Google’s website with out his permission. It was stated that though the images are smaller and of different resolution, they are still not derivative works, and are not fair use. The copyright owner believed that his consent was required to make the images ‘google-able.’ A similar case involving the potentially infringing Google Image feature was also brought to court, and won.
However, it is definitely fair to say that the Google Image service, which has been around since 2003, is an overall helpful service, that millions benefit from on a daily basis. Information is made available and findable in a much more efficient way that generally benefits both the searcher and the searched.
Luckily, in the last couple weeks, the German Supreme Court finally ruled that the Google Image search feature is not a copyright infringing feature in any way, shape or form.. A similar case was yet again brought into the German court system, and it was finally clearly resolved that if one doesn’t, for some reason, want their images to show up in Google Images, than there are many tools offered to block Google from ‘crawling’ their images.
I just wanted to post this because I find it comforting when a case between a government and the internet is resolved for the clear better (something that is unfortunately rare…)
When I was reading this, I thought of a potential lawsuit: someone taking a “smaller and low resolution photo” from a google search and using it on their site, and getting sued for infringing a copyright. Surly people do this, it doesn’t usually become a problem, nevertheless, it it was brought to court the defendant would probably loose. But I feel that it should be allowed and I think in the future this may just be the case. Like you said, it helps so many people on a daily basis, if these images could be used freely, imagine the possibilities?
I agree with Ary. I think when a case is resolved it helps us (general public) know how the court interprets a particular lawsuit. The outcome helps to guide us whenever there are doubts regarding copyright infringement. A search engine, such as Google, aides in finding images; whether it’s copyright infringement or not depends on the person who uses the image and how it’s used.
I am on board with both Gabriella and Ary. I think that it is totally comforting to see this case appear in the public. I am have become someone who is not as pro-copyright-law as she thought she originally was. I think Google is a great reminder for artists to understand why they began to create in the first place…to inspire others to create!
It is always difficult to observe balance between public or private interest in use of copyrightable work and an author’s pecuniary rights.
Based on Russian court practice I might conclude that in Russia Google would win the litigation already in first instance court.