Electronic Agents as Search Engines: Copyright related aspects

In the Internet environment, search engines play an important role. Indeed, it would be naïve to try to find precise information on the Web without these kind of services. These activities however raise copyright related questions. The mode of operation of search engines, which rely broadly on hyperlinks, could lead to copyright infringement, particularly concerning the moral prerogatives of the author. Furthermore, the practical difficulties to identify and sue copyright infringers makes copyright owners sue the internet service providers. Search engines could therefore make one subject to indirect liability since they refer to illegal contents. Considering the importance of search engines, a specific legal regime should be designed, as in the U.S.. However, neither the Directive on electronic commerce, nor the Directive on copyright in the information society address the question of the liability of search engines. ELECTRONIC AGENTS AS SEARCH ENGINES: COPYRIGHT RELATED ASPECTS 328 2 See e.g. http://www.egghead.com (last visited 15.08.2001). 3 Cf. Verbiest, ‘Entre bonnes et mauvaises références. A propos des outils de recherche sur Internet’, available at http://www.club-internet.fr/cyberlexnet/COM/A990225.htm (last visited 17.08.2001).