17.25 Copyright-Affirmative Defense-Implied License
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FAQ
At 361 (?To establish infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.?); see also Seven Arts Filmed Entm't Ltd. v.
§ 107) One who is not the owner of the copyright may use the copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would advance the public interest. Such use of a copyrighted work is called a fair use.
An example of copyright licensing is when a musical artist licenses original work to a record company; the artist receives part of the profit when the recorded work is sold. In short, the purpose of copyright licensing is to profit from a copyrighted work.
Implied Licenses The purpose of an implied license is to allow the licensee (the party who licenses the work from the copyright owner) some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had the parties negotiated an agreement.
Innocence (proving there was no reason to believe the work was copyrighted) The use is with a license agreement in place (this can shift liability to the licensor) Abandonment (a claim that the owner failed to enforce it's rights, thereby abandoning the right) Misuse of copyright by the copyright owner.
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. A person who posts a lengthy comment to an internet forum may claim copyright to that post.
Creative Commons, Copyleft, and Other Licenses - Copyright and Intellectual Property Toolkit - Guides at University of Pittsburgh.
Generally, the difference between the two is that licenses allow a copyright owner to retain the rights while giving someone else a right to exercise some of them, whereas an assignment results in a copyright owner losing control over the work.
