Legal Definitions - implied license

An implied license refers to permission to use property or engage in an activity that is not explicitly stated or written down, but is instead understood or inferred from the circumstances, the actions of the parties involved, or common custom and practice. It allows someone to do something that would otherwise be considered an infringement, trespass, or unauthorized use, without the need for a formal, express agreement.

Here are some examples to illustrate this concept:

• Visiting a Business: When a retail store opens its doors to the public during business hours, it grants an implied license to potential customers to enter the premises, browse merchandise, and make purchases. No customer needs to ask for explicit permission to walk through the door. The act of opening for business, the layout of the store, and common societal expectations all create this understanding that visitors are welcome for the purpose of shopping.

  This illustrates an implied license because the store owner's actions (opening the store) and the common understanding of how retail operates create an unwritten permission for the public to enter.

• Public Park Access: If a city maintains a public park with open gates and no "no trespassing" signs, it grants an implied license to the public to enter the park, walk on its paths, and use its facilities during designated hours. Individuals do not need to sign a waiver or ask a park official for permission each time they wish to visit.

  This demonstrates an implied license because the city's maintenance of the park and its public accessibility infer permission for citizens to use it for recreational purposes.

• Website Browsing: When a company publishes a public website, it grants an implied license to internet users to visit the site, view its content, and navigate its pages for their personal use. Users do not typically sign a separate agreement just to browse the site's publicly available information.

  This example shows an implied license because the act of making a website publicly accessible on the internet implies permission for users to interact with it in the way it is designed to be used.