
Missouri court finds using thumbnail pictures a violation of fair use - tswicegood
http://www.scribd.com/doc/34464858/Teter-v-Glass-Onion-W-D-Mo-July-12-2010
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tswicegood
Relevant bits:

The Court applies these factors and considers the circumstances of this case
in the context of the broader aim of copyright law. Use of a work may be fair
use where its purpose is transformative or supercedes the function of the
original work. GOI’s images are not transformative, as they do not alter the
original work “with new expression, meaning, or message.” Campbell , 510 U.S.
at 579. Unlike the scenario where a general internet search engine “transforms
the [thumbnail] image into a pointer directing a user to a source of
information,” GOI’s use of the images is limited to an informative and
promotional function on the Gallery’s website- to show customers the Teter
works available at the Gallery. See Perfect 10 , 508 F.3d at 1165. The images
advertise Teter’s works, which is a basic commercial purpose and suggests
against a finding of fair use.

