Research On The Network Copyright Implied License

The network copyright implied license is established between the copyright owner and the user, no matter how it is established, in its essence, is a kind of copyright license contract, furthermore, it is a voluntary copyright licensing contract while comparing with the statutory license contract, mandatory license contract and other "non-voluntary license contract, for taking into account the copyright owner’s will before the establishment of the network copyright implied license, for the most, network copyright owners have a choice. In the current era of network information, the network copyright implied license establishment does have its special necessity and feasibility, and it is more conducive to balance the interest between the public and the copyright owners, to promote the development of cultural industries. From the law study on Sino-US network copyright implied license,we know the judicial practice in the United States in search engine services implied license "aware of the use and encourage the use principals" is worthy of China to learn when judges on a case-by-case judgment judicial practice. The domestic network copyright implied license issues include:the scope is uncertain, the rights of the copyright owner of the network works is not clear, the network implied license contract compensation payment difficulties, and so on. For the above, I recommend: network copyright implied license requires the introduction of new rules in the field of Internet and other related fields appropriate to give full play to the important role in promoting the rapid dissemination of works, but at the same time, we should establish the special protection mechanism to maintain the copyright owner’s economic interests to avoid the interests being compromised, for example, give the right to terminate, the right to dissent and the right to get paid, then establishing the standard of network copyright implied license payment, giving a introduction of copyright collective management organizations to the network copyright implied license, and finally give the right to the judge in the judicial practice when using the network copyright implied license to sentence a single case.