Implied Licences in Copyright Law

Copyright licences can be implied when the doing of a restricted act is covered neither by the express licence of the copyright owner, nor by one of the statutory limitations and exceptions. The manner in which copyright licences are implied, therefore, holds the key to broadening the scope of permissible acts. In contrast to the rigidity of statutory exceptions, implied licences are more malleable in responding to diverse circumstances, especially in today’s dynamic technological environment. This presentation explains some of the challenges facing implied licences preventing their greater embrace by the courts, and an overview of how these may be addressed.