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Basics Copyright Trademarks Censorship Site Map

Copyright Infringement

At one time search engines only searched the text of web-pages.  As search engines enhance from searching the text of a web page to searching meta tags, graphics and sounds of web pages, legal disputes develop. Among these disputes are copyright infringement claims.  Copyright holders allege that search engines are copying, transmitting, making a public display or making a derivative work without permission in violation of the Copyright Act including the Digital Millennium Copyright Act.

Specifically, copyright holders argue that:

  • When search engines display thumbnails of their copyrighted images, the search engines have created a thumbnail using a copied image and stored at least the thumbnail, and maybe the full image, in its database, without permission.
     

  • When search engines copy a portion of a websites text and make the copy readily viewable from the search engines web-page, a copy has been made without permission of the copyright holder. 

  • When search engines provide a preview of several images from several websites with one search, it allows searchers to copy several copy-written images from the one website- the search engines’ websites. 

In response to these issues, some search engine providers have taken precautions such as:

  • Provide notices indicating that images cannot be used without obtaining copyright permission from the copyright holder. 

  • Provide information on how to use a robots.txt file or Meta tags to stop their engine from indexing the site or a particular page on the site.

  • Link directly to the files, instead of linking to the page that "contains" the file.

  • Allowing website owners to opt-out of having there information retrieved through the search engines website.

 

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This website was created as an assignment for the Cyberspace Law seminar at the University of North Carolina School of Law.  Information contained in this site should not be considered legal advice. This website was created solely for educational purposes. All copyrighted content, trade names, and trademarks incorporated into this website are property of their respective owners and are reproduced with permission and/or under the Fair Use guidelines for educational purposes.

Last updated: 04/12/05.