The Copyright Implied License System Research Under The Network Environment

Nowadays, with the rapid development of Internet, network works rise like a rocket on the strength of low-cost and high transmission speed. Traditional copyright systems, such as legal license and fair use, can not provide a concise and efficient solution for subsequent copyright disputes. However, the implied license system of copyright is more suitable for solving the problem that the copyright interest in network environments is out of balance, because its flexibility and benefit balancing function. But copyright implied license legal are scattered in the copyright law, related regulations and judicial interpretation. Their legislative value orientation is swing, areas that they covered are narrow, scope of application is vague. Implied license has not formed a complete scientific copyright legal system. So the implied license can not provide assistance to solve the copyright problem in the judicial practice.Thus, the author combine the characteristics of copyright implied license with the actual development of Chinese network works and learn the advanced experience of foreign system construction in this paper. The paper which bases on the balancing of interests concept makes some suggestions to reconstitute our network copyright implied license system. China should establish the collective management system of copyright implied license, reduce the burdens of government regulators, learn ’the aware use and the hortative use’ principle from the American judiciary for reference,establish the ’three-step test’ standard of network copyright implied license. And we should give the network copyright owners ’the arbitrary termination right’ and ’the dissent right to reward’, make the fee standards of implied license clear, to ensure the legitimate rights of the copyright owners practically; we should apply the full or limited implied license to different types of network behavior which is shared and open by strictly limiting the applicable scope of implied license, which can maximize the efficiency of copyright implied license. Not only broadening the channels of using and transmitting network works for the users, but also ensuring the legal rights of the copyright owners. Meanwhile, this way can achieve the goal of balancing of interests. Above all,we can realize the harmony and unification between the perfection of copyright law system and the development and prosperity of network culture.