[whatwg] <img> as thumbnails

Ian Hickson ian at hixie.ch
Tue Jul 29 20:06:20 PDT 2008

On Wed, 30 May 2007, ddailey wrote:
> This makes good sense to me. Under US case law stemming from Kelly v 
> Arriba, the thumbnail has a rather special legal status 
> (http://srufaculty.sru.edu/david.dailey/copyright/legalthumb.htm ).* I 
> believe similar discussions have taken within WIPO (and certainly did 
> under CONFU), such that that status may have burbled outward (of the US) 
> a bit.
> The use case in which the thumbnail appears at a different site than the 
> thing from which it is derived is therefore highly likely, at least in 
> the US (or in places that have access to TCP/IP). If my memory is 
> correct, it was shortly after the initial decision in Kelly that Google 
> began an "image search" capability quite reminiscent of what 
> Ditto/Arriba had been doing. The case law would appear to require proper 
> citation to be provided so providing a standard typographic mechnism for 
> doing that seems worthwhile.
> David (IANAL)
> *The situation was muddied a bit by a recent injunction against Google, 
> http://news.com.com/2100-1030_3-6041724.html -- but upon appeal Google's 
> use was upheld 
> http://seattlepi.nwsource.com/business/316013_amazongoogle17.html .

I haven't added this, because frankly I haven't heard any requests for 
this that weren't hypothetical (like the above). In particular, Google 
Image search, cited above, hasn't asked me for anything like this.

Note that we have <figure> now, and may in time add <credit> to <figure> 
to handle this in a more visible way.

Ian Hickson               U+1047E                )\._.,--....,'``.    fL
http://ln.hixie.ch/       U+263A                /,   _.. \   _\  ;`._ ,.
Things that are impossible just take longer.   `._.-(,_..'--(,_..'`-.;.'

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