| Abstract:The copyright implied license under network environment is a kind of identified mode that the licensee does not get a clear authorization from the copyright owner to disseminate works on the internet, but we can deduce that the owner doesn’t oppose the use of the works by judging from owner’s behavior, silence or base on rules by law, then believe that the licensee can use the works with approval. The implied license can be further divided into deducible license in practice and legal implied license, which shows that the owner indicates two parts have already agreed and established a contract in reality by silence or behavior. The properties are contract in way of license and counterplea reason on the legal effect while essentially it is belongs to category of copyright owners to control their own right. The implied license which rooted in civil law theory, is a kind of implied legal act. It originated in the implied behavior and is applied constantly in the transaction, then develops into implied contract items which play a role of supplement and explanation for contract. In our country, the implied license system has not been established and also with no any clear regulations for the specific application. It is just can be found dispersed in related laws. The case of Beijing Founder Electronics Co., Ltd. prosecute Procter&Gamble Guangzhou Co., Ltd is the first step of our country’s copyright implied license in practice. In comparison, America’s copyright implied license in judicial practice merits our reference. Under network environment, the implied license is of great practical significance and value system demands. Constructing our country’s implied license system under network environment should base on current copyright law, start from the applicable object, method, condition, scope and timeliness, put more emphasis on the protection of the copyright owner’s economic interest at the same time and give them the rights of optional cancellation and pavment. |
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