Kelly v Arriba

Appeal from the United States District Court for the Central District of California
Gary L. Taylor, District Judge, Presiding, February 6 2002

The following has been extracted from a PDF file at Net Copyright Law.

The second part of our analysis concerns Arriba's inline linking to and framing of Kelly's full-sized images. This use of Kelly's images does not entail copying them but, rather, importing them directly from Kelly's web site. - - - this use of Kelly's images infringes upon Kelly's exclusive right to "display the copyrighted work publicly." - - - Although Arriba does not download Kelly's images to its own server but, rather, imports them directly from other web sites - - - By allowing the public to view Kelly's copyrighted works while visiting Arriba's web site, Arriba created a public display of Kelly's works. - - - Allowing this capability is enough to establish an infringement - - -



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