How does a Copyright License Agreement protect me?
By Will Elton, Updated: 2023-09-04 (published on 2021-01-27)
To begin, a Copyright License Agreement (Artistic Work) is an agreement that allows another party to use the intellectual property of the copyright owner. And, allows the copyright owner to generate income from that use. Typically, a copyright is created against photographs, books, music, or any other form of creative work.
Essentially, a properly drafted copyright license agreement can allow both parties to be protected. Notably, the licensor grants an exclusive or non-exclusive license for use of his or her intellectual property. Subsequently, the licensee can use the property with full legal protection.
What is in a Copyright License Agreement (Artistic Work)?
Parties participating in the copyright license agreement (artistic work).
In all copyright license agreements, the licensor is the party who owns the copyright. While the licensee is the party who is able to use the copyright.
Essentially, in an exclusive agreement, the license is a transfer, where the licensee can use and even assign it to another third party. Conversely, in a non-exclusive license, only the licensee can use the work.
The License of Works.
Importantly, whether they are photographs, literature, or any other form of creative work, the assignor must specify the copyrighted works that will be licensed.When it comes to image licenses for marketing, this clarity becomes even more crucial. Ensuring that the exact visuals to be used in promotional materials, advertisements, or branding campaigns are explicitly outlined in the licensing agreement helps avoid any ambiguity.
Licensor Representation and Warranties.
Notably, the licensor must warrant that the works are original with proper ownership by the licensor. Also, that the works are independent. And, not created as part of any other employment and that the work does not use any other copyrighted work.
Licensee Representation and Warranties.
Essentially, the licensee must warrant that they have the authority to enter the agreement. And, that they have sufficient funds to pay for the copyright license.
Notably, fees for a copyright license can include the following:
- An issuing fee. An initial payment for the purchase of the license.
- Royalty. Fees collected upon the sale of any derivative works based on the original copyright. This can be a percentage of the sale or a fixed fee from every sale.
Scope of the copyright.
Essentially, this includes the scope of use of the copyrighted work. Additionally, any time limitations for the use of the copyright. Scope and limitations can include:
- Geography. The licensed work can only be used in certain geographical regions.
- Time. The work is only under license for a certain period.
- Limited Use. The work can only be used as per the terms specified in the license agreement.
- No Modification. Whether the work can be modified by the licensee.
- Right of Review. Finally, the licensor may require a review of any work done by the licensee that derives from the original property.
When Should You Use a Copyright License Agreement (Artistic Work)?
In a nutshell, a copyright license agreement (artistic work) allows the intellectual property owner to generate fees by licensing out his/her/their product. But, it is not a formal transfer of intellectual property rights. Now, if you wish to transfer or sell your rights in whole, a Copyright Assignment is necessary.
In summary, a Copyright License Agreement is a way to allow another party to use your intellectual property. Chiefly, it’s a document to protect yourself. Whether you are the licensor or licensee, use this template from the Zegal template library to protect your work.
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