Search Engines, Data Aggregators and UK Copyright Law: A Proposal

Abstract

Given the recent release of the Gowers Review in the UK, the time is ripe for considering the fundamentals of our intellectual property regime. This article focuses on some of the most common activities (e.g. linking, spidering and caching) routinely undertaken by search engines and data aggregators and assesses the potential copyright liability that these intermediaries are exposed to under UK law.

The authors argue that, despite the UK government's recent decision not to extend the limitations of liability that already apply to Internet intermediaries, the legal risks these intermediaries face are too great given their critical role in the effective functioning of the Internet, and that the UK should take steps to introduce a new fair dealing exemption for informational use.

Keywords: Search Engines, Data Aggregators, Copyright, Fair Use, Fair Dealing, Informational Use