Research On The Implied License System Of Copyright In The Network Environment

The progress of science and technology and the development of the Internet provide a fast and convenient way for the dissemination of works.At the same time,the easy replication of the network also makes copyright infringement easier.Implied license of copyright refers to a way of copyright license in which the copyright owner does not explicitly express permission to others to use his works in the process of authorization,but the establishment of the authorization can be inferred from the behavior or silence of the copyright owner.On the premise of not damaging the interests of copyright owners,this authorization mode can save transaction costs,realize the rapid dissemination and wide sharing of works,and realize the balance of interests among various subjects.It has strong applicability in the network environment.However,China’s legislation does not clearly stipulate the implied license system of copyright,and there have been cases of applying implied license in judicial practice.In practice,there have been a large number of acts of disseminating works by means of implied license,which is in urgent need of legislative response.Starting from the origin of the implied license system of copyright,this paper analyzes and arranges the views of relevant research scholars,and explores the value of the implied license system of copyright in the network environment by comparing and analyzing the provisions and application of the implied license in the legislation and practice of China,the common law system and the civil law system.In addition,this paper uses normative analysis,case analysis.The research of comparative law systematically analyzes and demonstrates the controversial issues of the implied license system of copyright under the network environment,in order to provide a reference point of view for the construction of the system in our country.