Abstract:

The implied license of copyright is a subconcept of the implied license of intellectual property rights. Controversies exist in whether the implied license of copyright is the limitation of copyright or the contract of permission for copyright use. To ascertain the legal nature of the implied license of copyright，we should trace to its source，and compare with fair use，and contract permission. And based on declaration of will，the implied license of copyright and the license contract can be proven of the same nature，which leads to the conclusion that the implied license of copyright is a kind of legal act out of the copyright holder’s own free will，and also a selflimitation of the copyright holder’s right.

Key words: copyright, implied license, the implied license of intellectual property rights, the implied license of copyright, autonomy of will