Federal Court Ends Injunction on Perfect 10 Thumbnails

SAN FRANCISCO — A federal appeals court has issued a ruling that permits Google to display thumbnail-sized images from Perfect 10, ending a preliminary injunction.

A lower court ruled that Google’s thumbnail images violated Perfect 10’s copyright, but that the search giant was “probably not” responsible for posting the underlying images. The 9th U.S. Circuit Court of Appeals reversed those findings.

“We reverse the district court’s ruling and vacate the preliminary injunction regarding Google's use of thumbnail versions of Perfect 10's images,” Judge Sandra Ikuta said. “We reverse the district court’s rejection of the claims that Google and Amazon.com are secondarily liable for infringement of Perfect 10’s full-size images.”

Perfect 10 also named Amazon in the complaint after filing a similar claim.

Ultimately, the three-judge panel concluded that the thumbnails didn’t constitute infringement because they were “highly transformative.”

“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,” Ikuta said. “We conclude that Perfect 10 is unlikely to be able to overcome Google’s fair use defense and, accordingly, we vacate the preliminary injunction regarding Google’s use of thumbnail images.”

However, the 9th Circuit said that the lower court should reconsider its finding that Google was not liable for displaying the images in its Google image search service, thus allowing users to link to or use unauthorized content.

“There is no dispute that Google substantially assists websites to distribute their infringing copies to a worldwide market and assists a worldwide audience of users to access infringing materials,” Ikatu said. “Google could be held contributorily liable if it had knowledge that infringing Perfect 10 images were available using its search engine, could take simple measures to prevent further damage to Perfect 10’s copyrighted works and failed to take such steps.”

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

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

XBIZ 2027 January Event Series to Take Center Stage at L.A. Live

Culminating years of growth and expansion, with its January event series now spanning eight events, XBIZ Media will bring the entire series together under one roof at the JW Marriott L.A. Live, creating the adult industry’s epicenter for business, networking and celebration from Jan. 7-10, 2027.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Federal AV Proposal Passes House, Faces Senate Opposition

The U.S. House of Representatives on Monday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law, but the bill still faces tough going in the Senate.

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Show More