Consent-based Implied Bare Licences

This chapter examines consent-based implied bare licences, considering situations where the copyright owner impliedly grants a licence gratuitously, meaning nothing (whether payment or any other form of consideration) flows to the copyright owner in return for the licence. The modern relevance of a consent-based implied bare licence lies in its application to the copyright work placed on the internet by its owner or with her consent. It examines the case law in the light of the framework proposed in Chapter 3, that separates the conduct of consenting separately from the knowledge required to consent. It also discusses the revocability of bare licences. A consent-based bare licence can be revoked, since the ability to grant such a licence and to revoke it (upon reasonable notice) both originate from the powers of the copyright owner. However, there are situations where these licences cannot be revoked, and the courts have ascribed proprietary estoppel as the reason for irrevocability.