Study On Copyright Implied License System

The development of information network, the way people access to information presented the diversity. In this era of information explosion, traditional newspapers, periodicals has not effectively meet the needs of people for information, new media form appear unceasingly, also makes the copyright authorization model in quietly changing. Traditional one-to-one authorization model is hard to meet the rapid authorization requirements of a large number of works, a new authorization model urgent need to establish and recognition, copyright implied license system just can satisfy this requirement. And as a copyright law in our country mainly from the introduction of foreign countries, the development of copyright is not yet mature, on the basis of many system still need to combine concrete national conditions, to draw lessons from other countries after establishing copyright implied license system. In this paper, starting from the basic theory of implied license, the copyright concept and nature of the implied license are analyzed, and combining with the development of foreign copyright implied license system, summarizes our country copyright implied license system, and puts forward establishing and perfecting our country copyright implied license system suggestion.In this paper, besides introduction and conclusion, the main content mainly has four parts:The first part mainly overview of copyright implied license. This part mainly divided into two parts. The first part mainly discusses the concept of copyright implied license, the nature of copyright implied license, copyright, the characteristics of the implied license in China in the field of copyright related viewpoints of scholars for the implied license system, implied license to copyright are an integral part of the summary, let’s implied license to copyright have a macro understanding of the basic system. The second part is discusses the copyright implied license. First of all, from the legal copyright implied license are analyzed on the basis of the civil law foundation, and then stand in the perspective of economics, came up out of the market transaction cost economics of copyright implied license to set up the economy. From these two aspects fully demonstrates the legitimacy of the existence of copyright implied license system, to set up the copyright implied license provides sufficient arguments.Contrapose to the second part mainly compared the following copyright implied license system research. This part mainly relates to the United States, Britain, Germany, Japan implied license system of copyright, copyright implied license system is discussed from the United States, the history of all the way through to the four countries of the development history of copyright implied license system, let us know about the copyright of more developed countries in the world the development status of implied license, the copyright copyright was basic on the implied license system in Anglo-American law system and continental law system’s development. Contrapose to the copyright of implied license system on the basis of comparison, to distinguish the differences of individual countries copyright implied license system, analyses the implied countries copyright licensing system in the form of advantage, and with the deficiency existing in our country are compared, for our country copyright implied license system after the establishment and perfection of provide a reference.The third part mainly discusses the copyright implied license system in our country development present situation and existing problems. First to our country copyright legislative and judicial status quo of implied license system was analyzed, and points out that the existence of copyright legislation in our country level implied license system of the lack of legal basis, copyright implied license system without a clear legal status, and the lack of legal provisions. And judicial level in our country, although there have been related to the case, but because of the lack of applicable basis, makes in the judicial practice, the problems such as the disunity of the implied license. Secondly, from the single level, combining the reality of copyright implied license system in our country, pointed out that our country there is a lack of applicable copyright implied license system according to standard, applicable field too narrow, not clear, the problem such as lack of effective operational mechanism, put forward the question, for the perfect system design for the following.The fourth part mainly implied license system on copyright of a more complete construction are proposed. The third part puts forward the solution of the problem was carried out one by one. The author thinks that, to establish the copyright implied license system, first of all, we must make clear the scope of implied license, in view of the traditional areas and emerging Internet should have different standards. On the limitation of traditional field we should conditionally copyright implied license, apply for the network of the Internet in particular such as search engine service industry should be the use of appropriate release implied license to copyright. According to the cognizance of the implied license problem, the author also puts forward the two sets of standards, namely the cognizance of the implied license in the contract and the cognizance of the implied license contract, and puts forward the principle of implied license, and at the end of the article is using of the authors, works, and the social public interests in the relationship between copyright implied license maintenance are proposed, the design of a complete copyright implied license operation mechanism.