What is an implied license?

An implied license is a legal right that applies to a certain situation when there is no direct written or verbal agreement between two parties. This type of license occurs when there is evidence that allows an individual to use a copyright-protected work in some way, even though the copyright owner would not normally allow that kind of use. In Washington, this type of license is recognized by state copyright law and can be granted by the copyright owner or implied by court decisions. For example, if an artist created a painting and allows a charity to display the painting, the artist is granting an implied license to the charity. The artist is not required to sign a written contract with the charity, but the charity is still allowed to display the painting. Similarly, if a photographer takes a picture of a crowded city street and sells the photo, the photographer is granting an implied license to the public to view the photo. An implied license can also be an offshoot of a copyright license. In this case, the copyright owner grants a license to a third party but, by doing so, grants a limited implied license to other people or entities that would otherwise not qualify for a license. For example, if an artist licenses a song to a radio station, the radio station can legally play the song but the implied license would also allow the public to view the song. Overall, an implied license is a legal right that allows someone to use a copyright-protected work even though the copyright owner would normally not allow that kind of use. This type of license is commonly seen in Washington and across the nation.

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