Google: Copyright Infringement In Germany

Written By Tamera H. Bennett

by Tamera H. Bennettposted October 14, 2008

Bloomberg reports the Regional Court of Hamburg ruled on October 13, 2008 that Google's use of thumb nail images is an act of copyright infringement. If you locate a copy of the opinion in English, please send me a link.

Compare the holding in Perfect 10 v. Google, Inc., 416 F. Supp. 2d 828 (C.D. Cal 2006)under U.S. Copyright law where Google's use of thumbnail images is a fair use.

We conclude that the significantly transformative nature of Google's search engine, particularly in light of its public benefit, outweighs Google's superseding and commercial uses of the thumbnails in this case, Judge Sandra S. Ikuta wrote for the panel.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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