No ‘Fair Use’ for Thumbnails, U.S. Judge Rules

LOS ANGELES — A federal court ruling Tuesday could broaden rules for the use of copyrighted thumbnails on the web.

In a case brought on by adult company Perfect 10, a U.S. District Court judge in Los Angeles said that Google’s display of thumbnail images from its site likely amounts to copyright infringement.

U.S. Judge A. Howard Matz said he plans to issue a preliminary injunction against Google image search service on March 8. Matz gave the two companies until then to work out terms of the order.

If upheld, the judge's ruling could affect other Internet companies — mainstream and adult — whose image searches display thumbnails of copyrighted pictures.

The decision narrowed in on Google’s practice of creating and storing thumbnails of Perfect 10’s. Matz granted in part and denied in part a motion for preliminary injunction against Google.

Owner Norman Zada of Beverly Hills, Calif., claims his company has spent $36 million over the past nine years building its Perfect 10 brand, including $12 million spent capturing 800 models in photos.

Zada has sued both Google and Amazon.com, which happens to license the technology in question from Google.

Matz rejected Google’s argument that display of the images for the purpose of search falls under the fair-use doctrine, which allows the use of a small portion of a copyright work, provided the use is properly attributed and doesn’t diminish the value of the work.

“Google’s creation and public display of thumbnails likely do directly infringe Perfect 10’s copyrights,” Matz said.

But Matz rejected Perfect 10’s claim that Google’s practice linking to full-size images is another form of infringement. The federal judge, in the opinion, noted that Google sends searchers to the original sites to load the photos.

The case is Perfect 10 vs. Google Inc., No. CV 04-9484

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

Show More