What is an implied license?

An implied license is a form of legal protection for copyrighted works in Virginia. It is an agreement that is implied, rather than explicitly stated or written. Implied licenses are created when a person creates a copyrighted work and then allows someone else to use it without a formal agreement. This type of license is implied from the circumstances of the use of the work. For example, if a photographer takes a picture of a person and gives them a copy, it is implied that the recipient has the license to use the picture for personal use, such as sharing it with family and friends. Similarly, a person who publishes a book and sells it to a bookstore has an implied license for the book to be sold to customers and perused in the store. An implied license is different from a written license. A written license sets out specific terms and conditions for use of the copyrighted material and is binding from the moment it is signed by both parties. An implied license, however, is not as easily defined and requires analysis of the circumstances under which the right of use was granted. In Virginia, both implied and written licenses provide legal protection to copyright owners. It is important to remember, however, that an implied license may not have the same degree of legal protection as a written license, so it is often beneficial to get a signed agreement when giving someone permission to use copyrighted materials.

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