@misc{Kubik_Małgorzata_Prawnoautorska,
 author={Kubik, Małgorzata},
 copyright={Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego, 2023},
 address={Warszawa},
 howpublished={online},
 publisher={Wydawnictwo C.H. Beck},
 language={pol},
 abstract={This article attempts to present the copyright implied license as it functions in legal systems belonging to the common law tradition. Over the past several years, especially in the American literature, there have been statements noting that this solution can help mitigate the negative consequences of broad protection of copyright holders in situations where common sense and equity require it, particularly in certain cases involving the use of works on the Internet. The starting point for these considerations is the conviction that the changing reality creates a new context for the provision of works and the use of culture, which can and should be taken into account in the process of evaluating the behaviour of rightsholders and users, from the point of view of a possible imputation of the conclusion of a license agreement. The purpose of the solution in question, referred to as the concept of implied license (doctrine of implied license), is to recognize a certain manner of use of a work as permitted if, in a particular case, this is required to maintain a state of balance between the copyright holder and the user of the work. In other words, if a particular form of use of a work is, in principle, an infringement of exclusive rights (it goes beyond the scope of the permitted use or the concluded license agreement, or there is no expressly concluded license agreement between the parties), the implied license may provide a legal basis for such use if the circumstances of the case allow it to be imputed and the protection of users of works acting under the influence of reasonable presumption of the existence of consent of the rightsholder to a particular use of the work requires it.},
 type={text},
 title={Prawnoautorska umowa licencji zawarta w sposób dorozumiany},
 doi={https://doi.org/10.34616/150224},
 keywords={copyright law, license agreement, Internet, implied terms, links, legal systems within the common law tradition},
}