| From the beginning, the historical mission of copyright law is the balance ofpublic rights and private rights. The legislative purpose of copyright law is not onlyin order to protect the reasonable rights and interests of obligee, more should belimited to the holder of the intellectual monopoly.This model will promote theexchange of human intellectual achievements and social civilization and progress ofscience and technology.However, the current copyright law system in China isbecause of the existence of the express permission and appears on some functionfailure.Implied and copyright licensing system, as a kind of emerging since the1990s was popular overseas legal system, though to a certain extent, solve the legalproblem has been didn’t get the attention of the legislature of our country.This paperthrough to the copyright of implied license theory basis and the legal practice ofanalysis and research to illustrate the necessity and inevitability of the system.At thesame time, combining with the relevant legislative experience abroad and domesticconcrete national condition. For our country how to construct the reasonable copy--right implied license system puts forward some suggestions of legislation and thejudicial level.In this paper, starting from the origin of copyright implied license system,through to the copyright implied license theory basis and the analysis of the legalpractice and research, in an attempt to explain the necessity and inevitability of thesystem is established.At the same time, combining with the relevant legislativeexperience abroad and domestic concrete national condition, for our country how toconstruct the reasonable copyright implied license system puts forward someSuggestions of legislation and the judicial level.This article is divided into five chapters, the first chapter is a major researchbackground implied license to copyright and related research materials weresummarized, in this chapter determines the this article main research content andresearch methods and expounds the innovation of the text.Second, combining withthe current mainstream theory point of view of the definition and features ofcopyright implied license are expounded, and on this basis will be similar to copyright meaning implied license of several concepts respectively werecompared.At the same time, the chapter also implied license theory foundation ofcopyright are discussed in detailed in this paper.The main content of the thirdchapter is implied permission of copyright of our country judicial present situationanalysis and explanation.Compared with the developed countries such as Britain andAmerica, the current copyright law system in our country and there is no concerningcopyright permission to make clear a regulation, but in reality, China’s copyright lawin the sense of owners and users are often faced with legal issues related tocopyright implied license.To this, our country urgently needs to build copyrightimplied license system suitable to China’s specific national conditions.The fourthchapter mainly around the United States copyright implied license system frominitial creation to gradually perfect in the course of a few more classical judicialprecedents of discourse and instructions.And through the analysis of these cases andmore clear in our country in constructing the copyright problems of implied licensesystem and the main methods to solve these problems.The fifth chapter is toconstruct a copyright implied license system suggestion.Combined with China’sspecific national conditions, we need to be in the field of traditional copyright andcopyright information network dissemination domain to build up more perfectimplied license system, to give full play to the system works in promoting rapidspread, protect the important role of interest balance, etc.At the same time,considering the copyright holder of the implied license system is often easier tomake a "passive" early adverse situation, therefore, we should be set up in thesystem of the copyright owner’s rights and interests safeguard mechanism, in orderto avoid damage to the lawful rights and interests of the copyright owner. |
