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Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays

By Mitchell Zimmerman
July 31, 2007

How fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, inter alia, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.

Case Background

Plaintiff Perfect 10 distributes copyrighted photographs of nude models via its adult Web site and magazine, and as downloadable cell phone wallpaper. Many of these images have been copied and displayed on third-party Web sites without Perfect 10's permission. Those third-party Web sites are cataloged by Google's search engine.

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