Study On The Implied License Adopted In The Determination Of Copyright Infringement On The Internet

The doctrine of implied license functions as a basic doctrine of traditional civil law.When imported into copyright law, the doctrine developed its own characteristic. As adefense against copyright infringement, the doctrine of implied license is conducive tobalance a complex web of interests and plays an important role in solving copyrightdisputes. The development of Internet destroyed the original balance of interests. Toreconcile interests among several parties, the doctrine of implied license plays anincreasingly important role in resolving the conflicts on the Internet. Up till now, thereis few theoretical research and judicial practice of the doctrine of implied license incopyright law in China. This thesis mainly discusses the theoretical basis and applicablestandards of the doctrine of implied license in copyright law, and selects several typicalproblems on the Internet to analyze whether the doctrine of implied license could beadopted.This thesis is divided into four parts apart from the Introduction and theConclusion:Part Ⅰ discusses the theoretical basis of the implied license. This Part begins withthe introduction of the civil basis of the doctrine of implied license and discusses thedevelopment of the doctrine in traditional civil law. Then this part analyses the origin and basis of the doctrine of implied license in copyright law and summarizes itsapplicable standards. Following the aforesaid discussion, this Part discusses the impactof Network technology to copyright law and how the doctrine of implied license can beadopted to solve the disputes on the Internet on a case-by-case basis.Part Ⅱ analyzes whether the doctrine of implied license could be adopted in thecontext of search engine. This Part starts with the introduction of the technical principleof the search engine, from which the copyright issues involved are summarized. Nextthis Part analyses whether the aforesaid issues could be solved by adopting the doctrineof implied license. Finally on the basis of the analysis above, this Part puts forwardsuggestions on how to handle the issues arising from the search engine.Part Ⅲ discusses whether the doctrine of implied license could be adopted insolving the copyright issues existing in the digital library. This Part first analyzes thecopyright issues involved in the operation of the digital library on the basis of thedefinition and characteristics of the digital library, and then discusses whether theadoption of the implied license could make the operation of the digital librarylegitimate. This Part finally makes some feasible suggestions on the development modeof the digital library in the future.Part Ⅳ discusses whether the implied license doctrine could be used to legalizethe reprinting of the articles between the blogs. This Part first summarizes the copyrightissues involving in the reprinting of the articles between blogs, and then determineswhether the doctrine of implied license could be adopted in this context. This partfurther discusses whether the implied license doctrine could still be adopted in thecontext of reprinting of articles on the Internet.