Research On The Statute Of The Copyright Implied License

On the internet age, the greatest impact on copyright is that it completely changed the way through which works reproduct and disseminate.The widespread use of the Internet brings the information explosion. The way works spread on the network becomes simple and quick. As a result, the conflict among the copyright holder and the public and network service provider seizes people’s attention.It mainly relates to the implied license of copyright.Facing the authorization of the massive works, the traditional license model——one by one can not solve the dilemma. Only if we recognized the status of the implied license in the copyright system can we solve the authorization problem of the massive works to some extent. And the system has not been accepted by Chinese"Copyright Law",but the practical life has demonstrated the feasibility of it. Therefore, an urgent need to admit the legal status of implied license is called.Based on this situation, the author analyzes the theory of implied license of the copyright and legislation and judicial practice domestic as well as abroad.In the end, puts forward some proposals of how to build the system of implied license in China.This paper is divided into three chapters:the first chapter,"the basic theory of the system of copyright implied license".,describes the nature of copyright and the concept and nature of implied license.The second chapter," the legal practice of copyright implied license",introduces domestic and foreign legislation and judicial practice of the copyright implied license.The third chapter,"constructing the system of copyright implied license in China ",analyzes the practical needs and significance of copyright implied license and make some specific designs to construct copyright implied license in China.