Die Schlichte Einwilligung in Urheberrechtliche Onlinenutzungen Im Internationalen Privatrecht

The use of images by search engines enjoys copyright protection. The utilization of the work would be illegal because of the absence of copyright limitation provisions, if one does not apply an so-called 'implied license' declared by the author according to the jurisprudence of the German Federal Court. Maximilian Maierhofer takes a closer look to this long-lasting dispute from the perspective of Conflict of Laws. He examines whether the contract-related 'implied license' is covered either by the principle of country protection (Article 8 Rome II Regulation) or by the law applicable to the contract (Article 4 Rome I Regulation). From the author's point of view, the application of Rome I Regulation could help to avoid a fragmentation of law in an infringement litigation.