Copyright Licensing Agreement

What Is Copyright?

Copyright is an ownership right given by law to an author, creator of literary, music and artistic work, cinematograph films, and sound recordings. Some of the rights that come under Copyright include the right to reproduce work, communication of the work to public, adaptation of the work and translation of the work. The duration of the protection provided under the Copyright law varies with the nature of protected work.

However, in a 2016 lawsuit, the Delhi High Court stated that copyright is not an inevitable, divine, or natural right that gives authors the absolute ownership over their creations. Rather, it is designed to stimulate progress for intellectual ownership of their creations.

What Is A Copyright Licensing Agreement?

A Copyright Licensing Agreement is a contract under which a copyright owner allows another person or company to use their copyrighted material in several ways such as to:

• To re-print.
• To distribute it; and
• To use it for a separate amount of time.

In simple, a copyright licensing agreement defines in details as to how, where, and when the copyrighted work may be used. A Copyright owner of any work can grant a licence to authorize a third party to use and distribute a Copyrighted work. This licence may be either exclusive or non-exclusive.

Types Of Copyright Licensing Agreements

Voluntary Licence 

An existing copyright owner of the copyright in future may grant any interest in the right by way of licence. However, in case of a licence relating to copyright, such a licence will take effect only when the work comes into existence. If a person to whom a licence relating to copyright in any future work,  dies before the work comes into existence, his/her legal representative shall be entitled to the benefit of the licence.

A Licence Agreement should have the following characteristics:

• Duration of the licence.
• Condition relating to revision, extension/termination of licence.
• Identification of work and licenced rights.

In case there are disputes relating to licencing, it will be settled by the Copyright Board.

Compulsory Licensing

Compulsory licensing in regards to Indian work will be granted by the Copyright Board in the following circumstances.

If a copyright owner of any Indian work has published or performed in public has:

• Refused to republish or allow republication of work.
• Refused to allow communication of work to public by broadcast or sound recording.
• Refused to allow performance of work in public and in case the work is withheld from the public.

When Can A Copyright Licence Agreement Be Used?

In case a person wants to use another person’s/company’s copyright material, or if you want to allow someone else to use your copyright material for a certain amount of time, a copyright agreement comes in handy.

Use a copyright licence agreement document in situations where:

• You own copyrights to certain property, where another party will be allowed to use.
• You would wish to acquire the right to use certain property such as trademark/product owned by another party.

When your creativity is protected by the copyright licence agreement, you can keep a track as to who uses the work and how.

Need A Copyright License Agreement?

If you want to give your copyrighted material to another person or company for any fixed period or if you want to use another person’s or company’s copyrighted material, then you need a  copyright licence agreement. We at LegalDesk.com recommend using our services to create a legally valid and detailed Copyright License Agreement. With just a few clicks using your computer, tablet or phone, you can create your manpower supply agreement in minutes right from your home or office by clicking here.