Google: Copyright Infringement In Germany

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.