Copyright is a potentially valuable asset to businesses and individuals alike. In common with other assets, copyright can be sold in its entirety (assigned) or it can be licensed, subject to whatever terms and conditions the parties may wish to agree upon.
This Copyright Licence is designed for use in situations whereby one party (the licensor) owns the copyright in one or more works and another party (the licensee) wishes to use those works in their own project under licence. The terms of this licence are sufficiently broad to cover most types of copyright work including artistic, literary and musical.
When using this template it is important to be aware that the licensee’s project must be very clearly set out. This will ensure that both parties have a clear understanding of the boundaries within which the licensed rights and the copyright works can be used. If such boundaries are not clearly defined, it will not be easy to determine what the licensor’s works can and cannot be used for.
It is also important to note that this licence is not suited to complex projects whereby the licensee will be sub-contracting manufacture or production of products or will be engaging in activities such as licensing derivative products. This licence is designed only to allow the licensee to use the works and the rights in their own project or product.
Payment under this licence agreement primarily takes the form of royalties. In addition, an advance is provided for. This will be offset against royalties. Thus if the royalty rate is 5% and an advance of £5000 is paid to the Licensor, no further payments would be made by the licensee until their sales reached £100,000. After this point, normal royalty payments should commence.
Further terms and conditions in this document address matters including licensor’s warranties, indemnities, legal proceedings concerning the works and the licensed rights and confidentiality.
The terms and conditions of this licence are substantially the same as those contained in the Copyright Royalty Agreement which is also available from Simply-docs. Users of either of these documents will not need to download the other.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Copyright Licence contains the following clauses:
1. Definitions and Interpretation
2. Grant of Rights
3. Scope of Licence
4. Licensor’s Rights and Obligations
5. Licensee’s Rights and Obligations
6. Waiver of Moral Rights
7. Payment, Royalties and Records
12. Term and Termination
13. Post Termination
14. Non-Assignment of Agreement
16. Force Majeure
17. No Waiver
19. Law and Jurisdiction
And the following Schedules:
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