Study On Cases Of The Implied License Applied In The Copyright Law

Implied license is a kind of permission in the private law, there is a cleardefinition in our contract law’s judicial explanation. The development of science andtechnology promotes the progress of the society, it also indirectly promotes theinnovation of the copyright law——the rights of copyright owners have beenexpanded in the development of digital technology. However, the overall social interestis balanced, when the interests of the copyright owners expand, it will infringe uponthe public interests. The implied license applied in some areas of copyright law canbalance the public and the copyright owners’ interests. In fact, our copyright lawhaven’t have any rule about how to judge the implied license can be applied incopyright field.The author of this paper selects three cases involving the implied license, and thenstands in the issues that the three cases reflect, tries to find the actual conditions ofimplied license applied in copyright field. The paper consists of three sections.In the part of the preface, it mainly introduces the writing cause, purpose andsignificance.The main body of this paper includes three chapters:The first chapter firstly presents the background of implied license and relevantlegislation in our country. Meanwhile, the author analyzes the innate character which is notable different from of “fair use” and points out the differences between “impliedlicense” and “fair use”.At the beginning of the second chapter, it finds the cause of a lawsuit, and thenintroduces the objective factors of implied license applied. The judgment of legitimateexpectation belongs to the objective factors.The third chapter mainly discusses the judgment of subjective factors in impliedlicense applied. The judgment of subjective factors mainly decide on the follow factors:restrictive covenants, be awareness of use, encouraging use.The last part is a summary of the whole paper. And there are still many relatedparts to be researched in the future.