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

UPDATED: AV Bulletin: West Virginia Enacts AV Law, Wisconsin Bill Vetoed

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying customers access to services based on lawful business activities perceived as high-risk.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

Show More