If you are a creator or owner of intellectual property, such as written work, music, or images, a copyright licensing agreement can protect your rights and provide legal clarity for those who want to use your work.
A copyright licensing agreement is a legally binding contract between the copyright owner and an individual or organization who wishes to use the work. The agreement specifies the terms and conditions under which the work can be used, how much compensation will be paid, and how long the license will last.
If you are drafting a copyright licensing agreement, it is important to work with an attorney to ensure that it is legally enforceable and protects your interests. However, here is a sample copyright licensing agreement to give you an idea of what the document might include:
Copyright Licensing Agreement
This agreement («Agreement») is made and entered into on [DATE] by and between [COPYRIGHT OWNER] («Licensor»), and [LICENSEE] («Licensee»).
RECITALS
WHEREAS, Licensor is the owner of certain copyrighted material (the «Work») as defined and described in Exhibit A attached hereto; and
WHEREAS, Licensee is desirous of obtaining a license to use the Work under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
LICENSE
Subject to the terms and conditions set forth herein, Licensor grants to Licensee a non-exclusive, non-transferable, worldwide license to use the Work in accordance with the terms and conditions of this Agreement.
USE OF THE WORK
Licensee may use the Work solely for the purpose and in the manner specified in Exhibit B attached hereto and incorporated herein by reference.
DURATION OF LICENSE
The license granted herein shall commence on [DATE] and expire on [DATE], unless earlier terminated pursuant to the provisions of this Agreement.
PAYMENT AND COMPENSATION
In consideration for the license granted herein, Licensee shall pay Licensor the sum of [AMOUNT] on or before [DATE].
WARRANTIES
Licensor represents and warrants that (i) Licensor is the sole owner of the Work and has the right to grant the license herein, (ii) the Work does not infringe upon the rights of any third party, and (iii) the Work is not in the public domain.
INDEMNIFICATION
Licensor agrees to indemnify, defend and hold harmless Licensee and its respective directors, officers, employees, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys` fees) arising out of or in connection with any breach of the representations and warranties provided in Section 5.
CONFIDENTIALITY
Licensee shall keep all terms and conditions of this Agreement confidential and shall not disclose any such information to any third party.
TERMINATION
This Agreement may be terminated by either party upon written notice to the other in the event of any material breach by the other party of any of the terms and conditions of this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements, understandings, or representations.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
[LICENSEE]
By: __________________________
Name: ________________________
Title: _________________________
[LICENSOR]
By: __________________________
Name: ________________________
Title: ________________________
This sample copyright licensing agreement is intended for informational purposes only and should not be used as a substitute for legal advice. It is important to consult with an attorney to ensure that your copyright licensing agreement is tailored to your specific needs and circumstances.