Research On The Statute Of The Copyright Implied License

The license mode of traditional copyright law is a one-to-one modelike “offer-promise”. Along with the arrival of internet times, thislicensing has been unable to adapt to the massive work authorization.Because of the efficiency and convenience of authorization, the copyrightimplied license has been widely used in the internet age, where areresulting mass new business. Whereas, there has still been some conflictsbetween the new licensing and traditional mode, causing mass ofcontroversial. The thesis try to assign the origin of copyright impliedlicense, investigate the legal basis and practice, search for the systemvalue and demonstrate the necessity and inevitability of building thesystem of copyright implied license.The thesis is divided into four chapters. In the first chapter the basictheory of copyright implied license has been summarized and overviewed.We firstly generalized the definition and legal nature, and then assignedfor the legal basis and demonstrated the rationality of the implied license.The main content of the second chapter is the legal practice ofcopyright implied license. In this part we compare the legal practice ofAmerican and China and discriminate the two different legislativesystems.In the third chapter we expound the institutional demand of thecopyright implied license. In the internet area, the rules of implied licenseare obeyed as a kind of spontaneous order. As a matter of fact, thecopyright implied license play an important role in improving the works’circulation, realizing the value of works and balancing the interest ofauthors, users and the public. In the last chapter we formulate the idea about the copyright impliedlicense system of our country. Considering the real demand, we shouldintroduce the rules of copyright implied license into the traditionalcopyright law appropriately, to give full play to the system’s initiate andpromote the work spread. At the same time we should build a particularsystem to protect the author’s economic interests from possible damageunder the new rules.