Copyright License Agreement Template

Copyright License Agreement Template

A copyright license is granted to a licensee if it is not desired by the creator/owner of the copyright in the work to part with the property. In exchange for a lump sum royalty or to be paid in parts, such ownership wishes to commercially exploit the copyrighted work in part or as a whole. In certain cases, a license is given in the form of a royalty to a licensee who commercially exploits the work in exchange for money paid to the licensor. The royalty paid could also be linked to the profits made in such installments as can be agreed by the Licensee to be paid. Licenses may be of a territorial nature and may be granted in respect of the entire jurisdiction. The law enables multiple licensees or a single licensee to be granted a license.

Exclusive License

An exclusive license gives the patented work the exclusive right to be used by the licensee. Such a licensee can exempt all others from the commercial use of the copyrighted work, including the owner of the copyright. In view of the fact that the licensee is solely allowed to take advantage of the job, the royalty to be received is usually higher than that of other licenses. Exclusive licenses may be issued either for a fixed period of time or maybe of a permanent nature. In the case of a perpetual license, once the copyright subsists, the licensee is allowed to use the work.

Below given is a Sample of a Copyright License Agreement-

COPYRIGHT LICENSE AGREEMENT

This agreement is entered between _______ and _________ on this day of ______.

RECITALS

This mentions the items that are owned and held by the owner and an introduction to the item that is copyrighted. Recitals also include:

1. Rights Granted- This mentions all the rights that are given to the licensee under this agreement

2. Licensor’s Right and Obligations- This mentions the rights and duties that the licensor still holds over the copyright.

3. Licensee’s rights and Obligation- This mentions the rights and duties of the licensee which will come into force after the agreement is signed.

4. Payments- This includes the monetary compensation that is decided among both parties.

5. Warranty and Indemnification- This includes the warranty and indemnifications if any of the copyrighted content.

6. Term and Termination- This provides the duration of the license and the terms of termination.

7. General Provisions- This provides other provisions like the Successors, Integration, the Governing Laws, Notice, etc.

Non-Exclusive License

If the owner of the copyright does not wish to part with the authority to completely exploit the copyright, he can opt to grant the copyright a non-exclusive license, whereby he remains open to dealing commercially with the work himself. Alternatively, as in the case of soft products being licensed, the owner may issue licenses to several parties. Furthermore, non-exclusive licenses may be issued for a fixed period or, depending on the arrangement between the parties, may be granted in perpetuity. The licensee may be given the option of renewing the license subject to new negotiations, and a new license extension agreement may be reached.

SAMPLE NON-EXCLUSIVE COPYRIGHT LICENSE

Date
To ________,

_________________ hereon provides you the right to copy, sell and distribute copies of ________________[the content that is copyrighted] and to incorporate the copyright work, in whole or in part, into derivative works for sale and distribution _____________________ [if any place].

_______________________ still retains all other rights in the copyright work, including without limitation, the right to copy and distribute the work ___________ [include here agreed limitations to reserved rights]

Sincerely, __________

BY-

Raksha Singhal