Journal Article

Google image search still does not infringe copyright, reaffirms Bundesgerichtshof

Birgit Clark

in Journal of Intellectual Property Law & Practice

Volume 7, issue 11, pages 788-789
Published in print November 2012 | ISSN: 1747-1532
Published online November 2012 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jps141
Google image search still does not infringe copyright, reaffirms Bundesgerichtshof

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The German Federal Supreme Court confirmed that Google's image search preview function does not amount to copyright infringement, where copyright owners have not used all available technical precautions to prevent indexing of their copyright material by the search engine, holding that an implied consent by the copyright owner has to be assumed once copyright protected images are published on the internet with the copyright owner's permission and that this consent also extends to images that were not posted on the internet by the copyright owner or with his permission by a third party.

Journal Article.  1427 words. 

Subjects: Arbitration ; Intellectual Property Law

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