Search engines have raised an amount of legal issues surrounding copyright. Since search engines do not own a majority of the content they show, but mostly provide access to the content of third parties, the most common concerns are the reproduction of copyright protected works and the making available to the public thereof. Apart from the standard website search, specialised search functions like Infopaq or Google Image Search have also raised some fundamental copyright questions.
In 2010 Google introduced a new function for its search engine, named Instant Preview, which also has the potential to raise certain copyright issues. Besides the title of a website, the URL and a snippet appearing on the search result list, the new feature offers a graphic representation of a given search result, in the form of a small screenshot appearing besides the results. This feature is useful to quickly evaluate the search results.
This kind of feature is not completely new to web search engines. Yahoo search used this kind of feature years ago , and MelZoo.com is a web search engine which inherently used this function from the beginning . Also Bing offers a similar service for some time. Nevertheless, with Google Web search receiving several hundreds of million queries each day, and a worldwide market share of 80 per cent, the introduction of Instant Preview is bound to gain a lot of media attention.
There are some consequences of this function for website operators. The process of search engine optimisation, which is used to improve the rank and visibility of webpages, can be affected by this website preview function. Normally, a user visits the first few search results given for a certain query, with the assumption that the first results are the most fitting for the search topic. SEO is used to improve the rank, for example by adding many additional keywords to a webpage. With the introduction of the website preview, users can now directly check if a webpage meets their demand.
Websites using an extensive optimisation could lose visitors through this service, and ultimately revenues through fewer advertisements. This is likely to raise resistance against this service.
Copyright reasons could be used to obstruct or shut down this kind of function. Judging from the impact of earlier cases of copyright issues surrounding search engines, this website preview function might draw legal actions. This would come as no surprise, as the controversial topics are diverse.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- BASICS
- Technical framework
- Basic function of search engines
- Function of a website preview
- Basics of Copyrights and Author's Rights
- Differences and similarities of the two concepts
- Territoriality principle of copyright
- International treaties
- European legislation
- WORK IN EUROPEAN COPYRIGHT
- Legal provisions defining original work
- The Infopaq Decision
- Requirement of an original work
- COPYRIGHT PROTECTION OF WEBPAGES
- Technical basics of a webpage
- Copyright protection as a computer program
- Definition of computer program
- Can a website be defined as a computer program
- Graphical interface of a website
- Copyright protection as a literary or artistic work
- Website as an original work
- Creativity requirement
- Copyright protection as a database
- Definition of a database
- Website as a database
- Website protection under the sui generis right
- Copyright protection of parts of a website
- Copyright protection of independent works
- Copyright protection of texts
- Copyright protection of images
- Copyright protection of computer programs
- Copyright protection of video files
- Copyright protection of audio files
- Effect of works integrated in a website
- CACHING OF WEBSITES
- Copyright infringement of caching
- Infringement in the context of computer programs
- Infringement in the context of a literary or artistic work
- Infringement in the context of databases
- Cached link
- Communication and making available
- The public
- THE WEBSITE PREVIEW
- Creation of the preview
- Direct or indirect reproduction
- Temporary or permanent reproduction
- Reproduction by any means and in any form
- Reproduction in whole or in part
- Recall of the website preview
- Making available to the public
- Downsizing of the preview image
- Reproduction as smaller image
- Making available as a smaller image
- LIMITATIONS AND EXCEPTIONS
- Caching of the website
- Exceptions for the reproduction of computer programs
- Exceptions for the reproduction of databases
- Exceptions for the reproduction of literary or artistic works
- Article 5 | InfoSoc
- Article 5 II (c)
- Article 5 III (c)
- Article 5 III (d)
- Further exceptions
- Making available of the website preview
- Implied consent
- Other measures
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This thesis aims to analyze the legal issues surrounding the use of services like Google Instant Preview in the context of European copyright law. It examines the legal framework governing copyright protection for websites, specifically focusing on the implications of caching, website previews, and the legal challenges posed by these digital innovations.- Copyright protection of websites
- The legal framework of copyright protection
- The legal implications of caching and website previews
- The role of exceptions and limitations in European copyright law
- The balancing act between copyright protection and technological innovation
Zusammenfassung der Kapitel (Chapter Summaries)
This thesis begins by laying the groundwork for the analysis, outlining the technical framework of search engines and website previews, as well as the fundamental principles of copyright and authors' rights. Chapter 2 clarifies the key differences and similarities between copyright and authors' rights, the territoriality principle of copyright, and the role of international treaties and European legislation. Chapter 3 dives into the legal provisions defining original works within European copyright law, exploring the significance of the Infopaq Decision and the requirement for originality. Chapter 4 then focuses on the copyright protection of webpages, exploring the various legal frameworks applicable to websites, including their classification as computer programs, literary or artistic works, and databases. The chapter discusses the copyright protection of individual elements within a website, such as text, images, and computer programs. Chapter 5 delves into the legal issues surrounding the caching of websites, analyzing the potential copyright infringement involved in the context of different types of works, including computer programs, literary or artistic works, and databases. The chapter also examines the concept of cached links and their implications for copyright law. Chapter 6 provides a comprehensive analysis of website previews, exploring the legal framework surrounding the creation and display of these previews. The chapter examines whether the creation of previews constitutes direct or indirect reproduction, temporary or permanent reproduction, and reproduction in whole or in part. It further analyzes the concept of making website previews available to the public and the legal considerations surrounding the downsizing of preview images. Chapter 7 explores the limitations and exceptions applicable to caching and the display of website previews. It specifically examines exceptions for the reproduction of computer programs, databases, and literary or artistic works, including the analysis of specific provisions within Article 5 of the InfoSoc Directive. This chapter also explores the concept of implied consent and other legal measures relevant to copyright issues surrounding website previews.Schlüsselwörter (Keywords)
The core concepts of this thesis revolve around copyright protection, digital technologies, website previews, caching, and the balance between intellectual property rights and technological innovation within the framework of European copyright law. The work explores key legal provisions, such as the InfoSoc Directive and the Infopaq Decision, and examines the legal challenges posed by services like Google Instant Preview.- Citar trabajo
- Andreas Papapostolou (Autor), 2011, Copyright issues surrounding the use of services like Google Instant Preview, Múnich, GRIN Verlag, https://www.grin.com/document/231377
