25 Cited authorities

Perfect 10, Inc. v. Amazon.Com, Inc.
487 F.3d 701 (9th Cir. 2007) Cited 468 times 29 Legal Analyses
Holding that an online image search index was "highly transformative"
Perfect 10 v. Visa Intern
494 F.3d 788 (9th Cir. 2007) Cited 252 times 7 Legal Analyses
Holding that the court may "affirm on any ground supported by the record"
Costar Group, Inc. v. Loopnet, Inc.
373 F.3d 544 (4th Cir. 2004) Cited 160 times 9 Legal Analyses
Holding defendant ISP not liable for direct infringement for simply displaying user-posted real estate photos because defendant’s actions were "not truly ‘copying’ as understood by the [Coypright] Act" and defendant acted simply as a "conduit from or to would-be copiers"
Bill Graham Archives v. Dorling Kindersley
448 F.3d 605 (2d Cir. 2006) Cited 131 times 3 Legal Analyses
Holding that even the use of an entire original work may be permissible fair use, so long as the use is “tailored to further [the new work's] transformative purpose”
Wolk v. Kodak Imaging Network, Inc.
840 F. Supp. 2d 724 (S.D.N.Y. 2012) Cited 66 times 3 Legal Analyses
Holding that providing editing tools that some users used to remove watermarks from images did not interfere with "standard technical measures"
Corbis Corporation v. Amazon.com, Inc.
351 F. Supp. 2d 1090 (W.D. Wash. 2004) Cited 70 times 1 Legal Analyses
Holding that even though Amazon.com "may have encouraged third parties to use the Zshops platform and provided the tools to assist them, that does not disqualify it from immunity under § 230 because the Zshops vendor ultimately decided what information to put on its site."
Perfect 10, Inc. v. Cybernet Ventures, Inc.
213 F. Supp. 2d 1146 (C.D. Cal. 2002) Cited 72 times 6 Legal Analyses
Holding images and text on websites "are not statements at all—and thus fall outside the ambit of the hearsay rule"
Leibovitz v. Paramount Pictures Corporation
137 F.3d 109 (2d Cir. 1998) Cited 52 times 1 Legal Analyses
Holding that this was a parody covered by fair use
Maxtone-Graham v. Burtchaell
803 F.2d 1253 (2d Cir. 1986) Cited 73 times
Finding in favor of a party who had raised a fair use defense
Costar Group Inc. v. Loopnet, Inc.
164 F. Supp. 2d 688 (D. Md. 2001) Cited 44 times 1 Legal Analyses
Holding that operator of a web site that hosted real estate listings and photos was not directly liable for copyright infringement because it did not actively participate in copying or displaying the images
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,016 times 177 Legal Analyses
Designating “criticism” and “comment” as fair use
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 575 times 186 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

Capital Records, LLC et al v. Vimeo, LLC et al

25 Cited authorities

Holding that an online image search index was "highly transformative"

Holding that the court may "affirm on any ground supported by the record"

Holding defendant ISP not liable for direct infringement for simply displaying user-posted real estate photos because defendant’s actions were "not truly ‘copying’ as understood by the [Coypright] Act" and defendant acted simply as a "conduit from or to would-be copiers"

Holding that even the use of an entire original work may be permissible fair use, so long as the use is “tailored to further [the new work's] transformative purpose”

Holding that providing editing tools that some users used to remove watermarks from images did not interfere with "standard technical measures"

Holding that even though Amazon.com "may have encouraged third parties to use the Zshops platform and provided the tools to assist them, that does not disqualify it from immunity under § 230 because the Zshops vendor ultimately decided what information to put on its site."

Holding images and text on websites "are not statements at all—and thus fall outside the ambit of the hearsay rule"

Holding that this was a parody covered by fair use

Finding in favor of a party who had raised a fair use defense

Holding that operator of a web site that hosted real estate listings and photos was not directly liable for copyright infringement because it did not actively participate in copying or displaying the images

Designating “criticism” and “comment” as fair use

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"