@article{50145,
      recid = {50145},
      author = {Zhang, Hongijao, and Li, Yahong,},
      title = {Opt-Out Implied Licenses in Copyright Law : From Search  Engines to GPAI Models.},
      pages = {1 online resource (pages  838-849)},
      abstract = {Traditionally, the doctrine of implied license is  consistent with the default of copyright law, because it  requires evidence of a clear grant. Currently, US and  German courts have implicitly applied an extended doctrine  of implied licenses in the search engine context: opt-out  implied licenses. This article calls for legislative  recognition of opt-out implied licenses and identifies the  unique mechanism and independent position in copyright law.  Furthermore, two criteria, i.e. efficiency and balance, are  proposed to assess the applicability of the doctrine. The  proposed criteria can guide legislators in crafting legal  norms that the opt-out implied license applies in specific  contexts. On this basis, this article makes the case that  opt-out implied licenses have some implications for  training general-purpose AI models (hereinafter ‘GPAI  models’) using copyrighted materials and that the proposed  criteria can help better design and improve the law.},
      url = {http://tind.wipo.int/record/50145},
      doi = {https://doi.org/10.1093/grurint/ikae088},
}