|
An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another party (the licensor). Implied licenses may arise by operation of law from actions by the licensor which lead the licensee to believe that it has the necessary permission. Implied licenses often arise where the licensee has purchased a physical embodiment of some intellectual property belonging to the licensor, or has paid for its creation, but has not obtained permission to use the intellectual property. ==Examples== * A person who purchases a record album does not explicitly purchase a right to ''perform'' that album by playing it on a record player, but this right is implied.〔"An incident to the purchase of any article, whether patented or unpatented, is the right to use and sell it...." United States v. Univis Lens Co., 316 U.S. 241, 249 (1942); see also Aro Mfg. Co. v. Convertible Top Replacement Co., 377 U.S. 476, 484 (1964) ("()t is fundamental that sale of a patented article by the patentee or under his authority carries with it an 'implied license to use.'") (quoting Adams v. Burke, 84 U.S. (17 Wall.) 453, 456 (1873)).〕 * A person or entity that purchases computer software in a suite. Software that is individually purchased, or not included in the suite is protected by a single license & and not part of a implied license. * A person who posts a lengthy comment to an internet forum may claim copyright to that post. However, if posters in that forum commonly copy the entire text to which they are responding into a later post, the original poster will be deemed to have given an implied license for his text to be copied into the later post. * In a non-IP context, a person who holds a party on their house gives all of the invited guests an implied license to enter their property, and to enter those parts of the property that would usually be made available to guests, such as the bathrooms. * In patent law, where an employee invents something while on company time, the employer receives an implied license to use the invention, even if no contract exists to assign rights to the employer. This is sometimes referred to as shop right.〔United States v. Dubilier Condenser Corp., 289 U.S. 178 (1933); Lariscey v. United States, 949 F.2d 1137 (Fed. Cir. 1991).〕 In copyright law, the work for hire provision would grant the employer copyright to the work, provided the invention is within the employee's job description.〔Section 101, Copyright Act of 1976 (USC 17 §101)〕 * In 2008, the Ninth US Circuit held that a non-exclusive license to use copyrighted material can be granted by implied license, but not an exclusive license. Further, if the creator has received consideration for the work, the non-exclusive grant is irrevocable.〔Asset Marketing Systems, Inc. v. Gagnon, 542 F.3d 748 (9th Cir. 2008)〕 * Where a copyrighted work has been commissioned, the law in the United Kingdom is that the creator retains rights in the commissioned work. Unauthorised use of the work would therefore infringe the creator's copyright. Nevertheless, the commissioner may have an implied license to use the commissioned work, although only for the particular purpose under which the commission was originally agreed.〔Blair v Osborn and Tomkins () 2 WLR 503〕〔David Bainbridge, Intellectual Property, 1999 (4th ed.), pp.84-85〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「implied license」の詳細全文を読む スポンサード リンク
|