Landmark Cases

Perfect 10, Inc. v Amazon, Inc., 508 F.3d 1146 (9th Cir. 2007)

Authored by: Michelle Bogre , Nancy Wolff

The Routledge Companion to Copyright and Creativity in the 21st Century

Print publication date:  November  2020
Online publication date:  November  2020

Print ISBN: 9781138999251
eBook ISBN: 9781315658445
Adobe ISBN:

10.4324/9781315658445-47

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Abstract

This case, in the Ninth Circuit, involves Perfect 10, Amazon, Inc., and Google, Inc. (a consolidated case based on several cases that Perfect 10 brought against search engines). Perfect 10 was an adult entertainment company that created and commercially distributed copyrighted photographs of nude models, which it offered on a paid-subscription website accessible via password. A number of independent, third-party website publishers placed images obtained from Perfect 10’s subscription-only service on their sites. Google provided automated search engine software, or a “web crawler,” which would obtain copies of public web pages and images to store in its search index. It also offered a blog host service called “Blogger,” which allowed account holders to upload images from the web onto Google’s server and post them on their blogs or via hyperlink. The web crawler included many of these third-party sites that contained the infringing images from Perfect 10.

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