Frameworks for Implying Copyright Licences
Poorna Mysoor · 2021
Abstract This chapter proposes frameworks under each category of copyright licences which help assess the facts and circumstances and determine whether a licence may be implied and, if so, the scope of the licence. Given that the advantage of implied licences is their flexibility, any rigid set of rules governing the implication could strike at the heart of such flexibility. Therefore, the chapter presents frameworks as opposed to rigid rules, and seeks to balance guidance and flexibility. These frameworks are developed based on the constituents that each category of licence would need to have, had it been an express licence; and when the express licence is absent, these frameworks indicate how the facts and circumstances can be marshalled, so that one can ascertain whether a licence is to be implied. In addition, these frameworks approach bare licences differently from contractual licences.