Research On The Statute Of The Copyright Implied License Under The Network Environment

The Development of technology and the Internet provides a fast, convenient way for the dissemination of works. At the same time, the network has also made the copyright infringement easier. The "one to one" licensing model in traditional copyright law has been unable to solve the problem of high licensing costs which is caused by massive works. Copyright implied license mode can save transaction costs and achieve rapid dissemination and widespread sharing of works, without prejudice to the interests of copyright holders, to achieve a balance of interests between the various entities under the network environment. So it has a strong applicability. However, our country’s legislation does not clearly define copyright implied license system, but related cases have been already appeared in judicial practice, which caused some controversy.Starting from the origin of copyright implied license system, and comparing the legislation and application of the system between the United States and China, this dissertation will explore the value of the implied copyright license system under the network environment, and provide opinion for the construction of the concrete system.In addition to the introduction and conclusion, the dissertation is divided into four chapters:The first chapter is the basic theory of copyright implied license, which mainly talk about "what is" copyright implied license. First, the dissertation will explores system foundation from the areas of civil law, and then analyzes the meaning of implied license in the copyright field, which focused on the evolution of meaning under the network environment. Second, in order to have a deep understanding, the dissertation will analyzes the legal elements and attributes of copyright implied license.The second chapter is the value of copyright implied license under the network environment, which mainly talk about “the advantage” of such system. First analysis the system’s legitimacy from the view of transaction cost and interests balance. Then discuss the system’s necessity from the view of dissemination promoting and value realizing. Through the discussion about the value, we can have an overall grasp about whether the system should be built in our country.The third chapter is the law practice of copyright implied license, which mainly talk about “the existence” of such system. Under the method of comparative analysis, first talk about American’s legislative and judicial practice in terms of copyright implied license, and then China. Through analyzes from two different legislative systems, talk about the present situation and deficiencies of the system in our country, and then lay the foundation for the system construction.The last chapter is the structure of copyright implied license under the network environment, which mainly talk about “the construction” of such system. Despite the strong applicability in networked environment, it still needs to follow certain conditions, any field which meet the conditions that can apply this system. Meanwhile, in order to safeguard the interests of the copyright owner, ensurance system is also needed.This dissertation will use analyses of history, legal philosophy, legal economics and cases to discuss related issues about copyright implied license under the network environment, to provide opinion for the construction of such system.