Implied Licence

Implied Licence
Implied Licence
Quick Summary of Implied Licence

An implied licence is the act of granting permission to engage in an activity without explicitly requesting it. It occurs when an individual permits the use of their property in a manner that would typically be prohibited by law, such as hunting on their land. Despite the absence of a written agreement, the owner’s conduct indicates their acceptance of the activity. This type of licence is free of charge and can be revoked at any given moment.

Full Definition Of Implied Licence

An implied licence refers to a revocable permission granted to perform an otherwise illegal act. This permission is derived from the actions of the property owner in relation to another person’s use of the property, even without explicit consent. In the context of patents, the circumstances surrounding the conduct result in an affirmative grant of consent or permission to infringe upon the claims of a patent. For instance, if a patent holder encourages the production of infringing products, it can be seen as an implied licence to use the patent. Another example is when a patent holder authorizes the sale or grants a licence to a buyer, who subsequently resells the licence to a third party; in this case, the third party becomes the implied licencee of the patent holder. In summary, an implied licence is a licence that does not require payment of royalties and arises from the actions of the property owner, even in the absence of explicit consent.

Implied Licence FAQ'S

An implied license is a legal concept that allows someone to use copyrighted material without obtaining explicit permission from the copyright owner. It is based on the assumption that the copyright owner has given an implied permission for certain uses of their work.

An implied license can be created through various means, such as the conduct of the copyright owner, the nature of the relationship between the parties, or the customary practices in a particular industry. It is not explicitly granted but is inferred from the circumstances.

Examples of implied licenses include using copyrighted images found on the internet for personal use, playing background music in a public place, or using software for its intended purpose without obtaining a separate license.

Yes, an implied license can be revoked by the copyright owner. However, the revocation must be communicated clearly to the licensee, and it should not be done in a way that would cause unfair harm or breach any existing agreements.

If the scope of an implied license is exceeded, it may be considered copyright infringement. It is important to understand the limitations of an implied license and seek explicit permission from the copyright owner if the intended use goes beyond what is reasonably implied.

In most cases, an implied license is personal to the licensee and cannot be transferred or assigned to another person or entity without the explicit permission of the copyright owner. However, there may be exceptions depending on the specific circumstances and applicable laws.

The duration of an implied license can vary depending on the nature of the use and the relationship between the parties. It may be limited to a specific project or continue as long as the circumstances that created the implied license remain unchanged.

Yes, an implied license can be used as a defence in a copyright infringement lawsuit. If the defendant can prove that they had a valid implied license for the use of the copyrighted material, it may help in defending against the infringement claim.

Yes, there are limitations to an implied license. It only covers the specific uses that are reasonably implied based on the circumstances. Any use beyond what is reasonably implied may require obtaining explicit permission from the copyright owner.

Yes, an implied license can be converted into a written license if both parties agree to formalize the arrangement. It is often recommended to have a written agreement to avoid any misunderstandings or disputes in the future.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 6th June 2024.

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