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

Playboy Partners With Creator Platform Tango

Playboy has partnered with creator platform Tango, introducing Playmates to the livestreaming service.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

AEBN Publishes Popular Searches by Country for April, May

AEBN has released the list of popular searches from its straight and gay theaters, by country, for April and May.

Ondato Joins Pineapple Support as Sponsor

Age and identity verification company Ondato has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Amsterdam Website Now Live, Registration Opens

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

MyMember.site Integrates FSC's 'PrivateAV' Age Verification Solution

MyMember.site has integrated Free Speech Coalition's PrivateAV age verification tool into its website-building platform.

Pearl Industry Network Opens Beta for Creator Networking App

Industry trade group Pearl Industry Network (PiN) has launched beta testing for the PiN Member App, a networking and collaboration tool for content creators.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Show More