7-8. Farr Use Doctrine. Leslie Kelly is a professional photographer who has copyrighted many of his images of the American West. Some of the images can be seen on Kelly’s Web site or other sites with which Kelly has a contract.

Arriba Soft Corp. operates an Internet search engine that displays its results in the form of small pictures

(thumbnails) rather than text. The thumbnails consist of images copied from other sites and reduced in size.

By clicking on one of the thumbnails, a user can view a large version of the picture within the context of an Arriba Web page. Arriba displays the large picture by inline linking (importing the image from the other site without copying it onto Arriba’s site). When Kelly discovered that his photos were displayed through Arriba’s site without his permission, he filed a suit in a federal district court against Arriba, alleging copyright infringement.

Arriba claimed that its use of Kelly’s images was a

“fair use.” Considering the factors courts use to determine whether a use is fair, do Arriba’s thumbnails qualify?

Does Arriba’s use of the larger images infringe on Kellys copyright? Explain. [Kelly v. Arriba Soft Corp., 280 F3d 934 (9th Cir. 2002)]