What is the doctrine of implied consent?

Implied consent is a legal doctrine that states that a person can be assumed to give consent to a certain act or activity, even though they did not explicitly state that they agreed to it. In regards to media law in Michigan, the doctrine of implied consent applies to the consent given to an individual’s use of a copyrighted work. This means that when a work is published, the author has given an implied consent to any individuals who wish to use it as long as the use follows the proper guidelines. For example, a Michigan resident may legally republish photos of a work they have seen online as long as the photos are not altered in any way, and that the user gives proper attribution to the original author. As long as the use of the work is non-commercial and “fair” (meaning, it does not influence the potential value of the work), then the doctrine of implied consent allows the use of the copyrighted work without direct permission from the author. The doctrine of implied consent is important in Michigan media law because it provides individuals with an avenue to legally use a copyrighted work without first asking for the explicit permission of the author. However, it is important to remember that using someone else’s work without proper consent can still be seen as copyright infringement and may lead to legal consequences.

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What is the doctrine of implied consent?

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