Copyright Assessment To Function Of Picture Search Engines— A Perspective In Regard To German Copyright Law

With the development of technology and the coming of information age, Internet itself has brought us a lot of changes.In the event of linking the world and acceleration of communication conflicts online occur frequently because of the virtual character and distance of Internet. The law itself reacts to it actively. On account of delay of law, the progress of legislation cannot catch up with the quick development of Internet.Internet is regarded to be a pool of information. Searching engines function as a sieve. The large demand of information offers a big market for search engines. The traditional search engines can be used with the input of a word. On the basis of technical revolution, picture search engines are put into use and coloring the world. As information of the picture is special, the characteristics of picture search are a bit different from the word search, which needs a detail analysis.Copyright law is under attack by operation of picture search engines. Copyright are facing challenges in the development of new technologies. Tort happens more and more. General and special tort theories prevent the overflow of information pool.As a tradition in continental law system, German copyright law has its own system to deal with the operation of picture search engines. In the assessment from copyright law, the right of replication and the right of communication to the public are argued mostly.Typical limitations and exceptions in German law are not applicable. German courts argue in view of intention and legal instrument and make significant judgments. It becomes the task of legislation and connects with the change of European regulation.The adjustment of German copyright law de lege lata, the expansion of interpretation and the introduction of a general clause were once good methods. Fair Use doctrine in American law is also under consideration. Denying these ways we try to look for a balance of interest in the hope for de lege ferenda.