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

The rapid development of information technology has greatly improved the speed of work propagation,but it also increases the frequency of copyright infringement cases and breaks the original balance pattern of interests.The traditional copyright system,such as legal license and reasonable use,shows the malpractice in solving new copyright disputes.However,the copyright implied license has strong adaptability in digital network environment.Because the copyright implied license has the characteristics of flexibility and benefit balance,and is more conducive to solving the problem of the imbalance of copyright interests in the network environment.In the1990 s,copyright implied license system has become a new legal system widely popular abroad.However this system in our country has not brought to the attention of the legislators,judicial practice and the application of the lack of specific standards,so the author thinks that our country needs to be at the legislative level corresponding response implied license system on copyright.Based on other scholars' research,this paper starts from the origin of the implied license system.By analyzing the basic theory,this paper discusses the legitimacy of establishing the system.At the same time,the comparative analysis of two big legal systems about the legislation and practice of the system,and combined with the present situation of copyright implied license in China,this paper will put forward the author's views on perfecting the copyright implied license system in China.