Legal Definitions - implied license by conduct

An implied license by conduct refers to a legal permission or authorization that is not explicitly stated or written, but is instead inferred or understood from the actions, behavior, or circumstances of the parties involved. It arises when one party's conduct reasonably leads another party to believe they have permission to do something that would otherwise be considered unlawful, a trespass, or an infringement of rights.

Here are some examples illustrating an implied license by conduct:

• Delivery Services: Imagine a homeowner who regularly receives packages. A delivery driver walks up the driveway and onto the porch to place a package by the front door. The homeowner has never explicitly told the driver they are allowed on the property, nor is there a written agreement. However, the homeowner's conduct of having a front door, a visible path, and expecting deliveries implies a license for delivery personnel to enter the property for the sole purpose of delivering items. The permission is understood through the common practices and expectations of homeowners and delivery services.

• Public Event Participation: Consider a local charity hosting a "paint-a-thon" in a public park, where participants are encouraged to bring their own easels and paint scenes from the park. The organizers have set up designated painting zones, provided some free canvases, and are actively promoting the event on social media. An artist attends and sets up their easel within one of the designated zones. The organizers' actions—setting up the event, providing materials, and promoting participation—create an implied license for artists to use the park space for painting during the event, even without a formal written permission slip for each individual participant.

• Website Content Usage: A blogger creates a series of infographics to explain complex topics and posts them on their personal website with a prominent statement: "Educators and students are welcome to use these infographics in non-commercial presentations, please just credit my site." There is no formal license agreement or terms of service to click through. A university lecturer downloads one of these infographics and incorporates it into a lecture slide for their class, providing credit to the blogger's website. The blogger's explicit statement and the act of making the infographics freely available for download, coupled with the encouragement for specific use, imply a license for educators and students to use the content for non-commercial educational purposes.