Google has been relatively successful using this strategy to date. HOWEVER, things could change!
Google image search exceeds the grounds of fair use!
Google image search is a copyright violation despite the enormous public benefit that search engines provide… Although appropriate for courts to consider the immense value to the public of such technologies, existing judicial precedents do not allow such considerations to trump a reasoned analysis of the four fair use factors.
Perfect 1o v Google
Thumbnails and Cell Phone Images
Kelly v Arriba Soft Corp
Copyrighted photos of American West – Fair Use
Agence France Presse v Google
Copyright infringement --Google News Aggregator
The Google Book Project
Partner Program - No Copyright Issue
Library Project – copyright issue
Snippets of Copyrighted books
Copyright Owners CAN Opt- out by informing Google
Does Google's service transform the copyright owner’s news stories ?
Google’s search tools are enormously beneficial to the public.
How much weight should be given to public benefit?
How substantial must the potential market be in order to hold significant weight?
How do you determine the “potential market”?
How do you determine the value of an individual book apart from the entire book project database?
It is concluded that there is a relationship between copyright and the First Amendment.
There is an increase potential for conflict between proprietary and public interests
Traditional copyright principles may not be the best solution
There may be a need for legislative or other means to deal with the problems
Technology may create a need for a new gloss on traditional fair use doctrine