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The Research Of Copyright Implied License System

Posted on:2013-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:M M YunFull Text:PDF
GTID:2246330395988565Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
The First Intermediate People’s Court of Beijing made the ‘implied license’ as thetheoretical basis of the case of Beijing Founder Electronics Co., Ltd. v. Procter&GambleCompany. However, the ‘implied license’ is not regulated by the current copyright laws, andthere are not mature trial experience in judicial practice and enough academic researches.Therefore, the systematic research of copyright implied license is not only the requirements oftheoretical research, but also the expectations of the judicial practice.Copyright implied license system has a long history in the American judicial practice.Initially, the implied permission of the copyright was only applied to a specific contract itemsbetween the parties. With the development of network technology, the scope of application ofimplied license had been extended to the network environment. On the one hand, copyrightimplied license system makes the transaction cost be reduced, the parties may trade based onhabits or practice, rather than devote mind gatekeeper issues that are unavoidably involved inthe transaction listed above the contract, and in that case, the transaction efficiency isimproved, and the cost of time is reduced. On the other hand, copyright implied licensebalances the interests between the copyright owner and the people who use the works. Workscan be reasonably expected to use based on the behaviors of the copyright owner. Denyingthis kind of usage will lead to excessive monopoly of copyright works. The nature and scopeof the copyright implied license system exists many differences compared with our country’scurrent copyright systems. Copyright implied license system can compensate the deficienciesof the current systems. As a statute law country, there is the necessity to make the copyrightimplied license be the legal norms at the appropriate time in our country to enhance the clarityand operability of the system. To the applicable objects, the copyright implied license appliesto works of the copyright law. To the applicable manners, the copyright implied license is stillby the manner of permission to authorize others to use the work. To the applicable conditions,if the copyright owner’s specific behavior hints that use can be reasonably expected, this particular behavior can be seen as the substance of the proposition implied permission.This paper uses comparative analysis and historical analysis methods.The first part reviewsthe basic facts of the case and trial ideas of our copyright implied license–‘Founder case’.The second part examines the judicial practice of copyright implied license in the UnitedStates. The third part analyzes the rationality of the system of copyright implied license: toreduce the transaction costs and to balance the interests of the parties. The fourth part is tofind the necessity of the copyright implied license by comparing with other current copyrightsystems. The fifth part tries to install the copyright license system in our country based on thefour-part detailed fully discussed.
Keywords/Search Tags:Copyright Implied License, Transaction Cost, Interests Balance, Circumstance Of Behavior, Reasonable Expectation
PDF Full Text Request
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