Web pages are copyright works, provided that they are original. To view
such web pages requires copies to be made (from the server into various
caches, then onto the screen). Such copies are, in UK law at least,
copies requiring the consent of the copyright holder. It is reasonable
to assume, therefore, that by posting the pages on the server and
publicising the URL the copyright holder has granted an implied licence
to surfers to make the copies necessary to view the pages. UK courts
tend to limit implied licences to the narrowest possible construction.
My questions:
(a) would the above analysis apply in the US? If not what doctrines
apply?
(b) would the above analysis apply in other jurisdictions (e.g. Civil
Code droit d'auteur jurisdictions)? If not what doctrines apply?
(c) does the implied licence (or equivalent doctrine) extend to:
i) viewing the document source code?
ii) printing the document?
[My answer to (c) i) and ii) in the UK would be 'probably not' but I'd
be interested in others' opinions]
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