Are thumbnails in search results fair use?

Yes, the court said thumbnail use can be fair use even if the service is commercial, because it helps users find information (transformative purpose).

Does inline linking display someone else’s image unlawfully?

Inline linking that pulls a full-size image from a third-party server does not itself distribute the image. The host that stores and serves the file is the displayer.

When does hosting an image violate the display right?

If you store the image and send the electronic file to users, you can violate the copyright owner’s exclusive display right.

What about platform liability for user-posted content?

A platform can get DMCA safe harbor if it responds to proper notices and removes or disables access to infringing material promptly.

Why do students study Perfect 10 v. Amazon?

It teaches the server test for display, thumbnail fair use, and how safe harbor protects intermediaries that act on takedown notices.

Perfect 10, Inc. v. Amazon.com

Perfect 10, Inc. v. Amazon.com, Inc. (508 F.3d 1146)

Inline linking, thumbnails, and safe harbor — an easy guide to how courts handle images in search and on platforms.

9th Cir. (USA) 2007 Appellate Panel 508 F.3d 1146 Copyright ~7 min read

CASE_TITLE: Perfect 10, Inc. v. Amazon.com, Inc. PRIMARY_KEYWORDS: Perfect 10 v Amazon, inline linking, thumbnails, fair use SECONDARY_KEYWORDS: server test, display right, DMCA safe harbor PUBLISH_DATE: 2025-11-01 AUTHOR_NAME: Gulzar Hashmi LOCATION: India slug: perfect-10-inc-v-amazon-com

Quick Summary

This case explains three big ideas: (1) small preview images (thumbnails) in search can be fair use; (2) if you store and send the image file, you can violate the display right; (3) simply linking or framing a full-size image hosted on another server does not by itself distribute that image.

Search thumbnails = transformative help for users → can be fair use.
Hosting and transmitting the file = potential display infringement.
Inline linking/framing = no distribution if file sits on a third-party server.
Platforms may get DMCA safe harbor if they act on valid notices quickly.

Issues

Does a computer owner who stores an image and sends it to users violate the copyright holder’s exclusive display right?
Does a computer owner who inline links to or frames a full-size image infringe the distribution right when the image shows on the user’s screen?

Rules

Thumbnail Fair Use: Using copyrighted images as thumbnails in search results can be fair use, even for commercial services, due to their transformative role.
Display Right: If you store the image and transmit the electronic file, you can violate the owner’s exclusive display right.
Inline Linking/Framing: Showing a full-size image via inline linking or framing does not by itself infringe the distribution right if the file stays on a third-party server.

Facts (Timeline)

Perfect 10’s Photos

Perfect 10 published photos of models online and claimed copyright in those images.

Search Thumbnails

The search engine used by Amazon showed thumbnails that sometimes matched Perfect 10’s photos.

Inline Linking

Search results could load or frame full-size images that were actually stored on other websites’ servers.

Lawsuit

Perfect 10 sued, arguing that showing thumbnails and linking/framing full-size images infringed its rights.

Timeline graphic for Perfect 10 v. Amazon case events

Arguments

Appellant: Perfect 10

Thumbnails copy the images and harm licensing markets.
Inline linking and framing make full-size images appear as if hosted by the service.
Platforms should be liable when their systems help users view infringing content.

Respondent: Amazon

Thumbnails are transformative aids to search; users benefit.
For full-size images, files sit on third-party servers; we do not distribute them.
On notice, we act — qualifying for DMCA safe harbor.

Judgment (Held)

The court ruled for Amazon on core points. Thumbnails could be fair use. A service that stores and sends an image may violate the display right. But inline linking or framing of full-size images that are hosted elsewhere does not, by itself, distribute those images. Amazon also qualified for DMCA safe harbor because it removed or disabled access after proper notices.

Judgment visual for Perfect 10 v. Amazon

Ratio Decidendi

Server test: The entity that stores and serves the image file displays it. Search thumbnails can be fair use because they transform the original purpose by helping users locate information. Inline linking and framing do not equal distribution when the service never transmits the file itself.

Why It Matters

Guides Search Engines: Thumbnails help users and can be lawful.
Clarifies Linking: Linking/framing ≠ distributing when you do not host the file.
Platform Safety: DMCA compliance can protect intermediaries.

Key Takeaways

Thumbnails → can be fair use (transformative).
Hosting & sending files → risk of display infringement.
Inline linking/framing → no distribution if not hosting.

Follow DMCA takedown → safe harbor possible.
Focus on where the image is stored and served.

Mnemonic + 3-Step Hook

Mnemonic: “Show? Server. Small? Search. Safe? Swift.”

Show? Server: Who stores & serves the file is the displayer.
Small? Search: Thumbnails aid search → fair use possible.
Safe? Swift: Swift DMCA response → safe harbor.

IRAC Outline

Issue	Whether thumbnails, inline linking, and hosting practices infringe display/distribution rights.
Rule	Thumbnails can be fair use; hosting & sending can infringe display; inline linking/framing is not distribution without hosting.
Application	Search thumbnails served transformative goals; full-size images were hosted by others; platform acted on DMCA notices.
Conclusion	Relief denied against Amazon on key issues; safe harbor applied; principles clarified for web services.

Glossary

Inline Linking: Showing an image from another server inside your page without hosting it yourself.
Thumbnail: A small preview image that helps users identify content in search.
DMCA Safe Harbor: Legal protection for platforms that act quickly on valid takedown notices.