Back in Feb, we wrote about Photos, blogging and fair use, as photographer Naomi Harris had found her picture on the popular soft-porn blog fleshbot (part of Gawker media) and wasn't too pleased. After reading PDN's article and checking Gawkers disclaimer I was more confused than enlightened. Were blogs and search engines suddenly the same thing?
Gawkers disclaimer states that it follows the DMCA and links to a pdf of the Leslie Kelly, et al. v. Arriba Soft Corp. ruling, which is the case of a photographer vs a search engine image search (much like google images) that used thumbnails for visual representations of the search results. See "Kelly wins against Arriba Soft Appellate Court affirms US Copyright Law protects images located on the Internet"Luckily, this posting put me in touch with Leslie A. Kelly who probably knows more about the subject than anybody, so here follows a short chat with Leslie A. Kelly from the now famous Leslie Kelly, et al. v. Arriba Soft Corp case.