Study On The Implied License Of Copyright In The Internet Environment

The right of reproduction is the most important right of the copyright owner because of its benefit to the copyright owner.However,copying is one of the most important factor how computers and the internet function,and if they cannot copy data,the internet will lose its powerful function of transmission and sharing.It will become very unrealistic that you must ask for permission for necessary copy each time,The implied license system provides a better way to solve this kind of problem.This paper firstly studies the basic theory of the implied license system in copyright law.By studying the license model and the judicial practice in China and America.This paper deeply studies the experience of the judicial practice and the hysteresis of the inplied license system in the internet environment of China.Through the comparative analysis of implied license system and fair use system,this paper discusses the necessity of adopting the implied license system into the internet.Then this paper points out the feasibility of adopting the impiled license system into the internet by analysing the function of the implied license system in the internet environment.Finally,by comparing Chinese to foreign countries' legislative and judicial practice,this paper puts forward some concrete measures on how to construct the implied license system of copyright in the internet environment in China.