Demystifying Your Copyright License Agreement

Demystifying Your Copyright License Agreement

Scott Dylan Westerlund
Scott Dylan Westerlund
 | 

Inventive humans are always creating, but it’s still a shock that at least 2.5 quintillion bytes of data gets created every day! With that much content getting created and circulated around the globe, it can get tricky to determine who that work belongs to. That’s why copyright license agreement laws exist.

 

Are you feeling confused over your own licensing rights? Whether you’re crafting your own unique content or using another person’s work for your business, you need to know whether you’re remaining compliant with the law. After all, if you re-use someone else’s works without credit, then you could face serious financial penalties. Read on to learn everything you need to know about copyright license agreements and licensing rights.

 

What is a Copyright License Agreement?

 

Imagine spending years perfecting a painting only to turn around and have that painting distributed without giving you credit or compensation! The feelings that would follow would certainly be demoralizing for anyone. Thankfully, copyright license agreement laws are in place to prevent such a tragedy from occurring.

 

A copyright license agreement happens when one person creates something unique. Once the project is complete, the creator needs to seek out copyright protection. This legal protection prevents anyone from copying, distributing, or using your project without permission. In this way, the creator can ensure they get fairly compensated for their time and hard work. If they do decide to sell their project or let another person or business use it, then they two parties enter into a copyright license agreement.

 

This agreement gives permission to the other party to use the creative work. Here are some of the basic elements that a copyright license agreement should address:

 
  • Accreditation: Whether or not the creator will get credit for the work
  • License terms: The length of the agreement
  • Compensation: The payment rate
  • Exclusivity: Whether or not the user can give licenses to other entities or for other purposes
  • Nondisclosure agreement: Whether the user can disclose trade secrets

Going through these elements protects both the content creator and the entity that wants to use the content. The terms of the contract will outline how long the license will remain in effect.

 

FAQs About Licensing Rights

 

In the age of internet memes, it can be difficult to discern whether copyright license agreement laws apply to social media users. While private individuals might get away with improperly sharing copyrighted material, they’re often not making any money off of it. In many cases, online content creators are also protected by “Fair Use” laws, which allows the use of copyrighted work without permission for educational purposes. Your business, on the other hand, would not be protected under Fair Use laws. That’s because your entity’s use of copyrighted materials could generate money. That means your use is of a commercial nature, so it doesn’t fall under the scope of Fair Use.

 

Another common question about licensing rights is whether or not a company owns a creative work after purchasing it. Ownership of intellectual property is very complex and challenging, but the answer to this question should be made clear in your specific copyright license agreement. Sometimes, the creator will give you full ownership and right so a creation, while at other times they won’t. The answer to this question will fall under the exclusivity clause of your contract.

 

Are You Still Confused About Your Copyright License Agreement?

 

In 2021, content marketing plays a huge role in helping businesses succeed. Despite that, most businesses don’t create content themselves. Often, they purchase a freelancer’s creative work or they hire an employee to craft content. Regardless of how you generate your content, you likely need to learn more about copyright license agreement laws. If you create your own content, then you may want to protect it. If you use another person’s work, then you need to make sure that you can legally use their content.

 

Improperly using someone else’s content is a legal nightmare! That’s why we recommend speaking with a business lawyer about your content needs before you need to consult with them about a potential lawsuit. Does your business not have a legal consultant yet? Are you interested in speaking with a business lawyer about your company’s needs? If so, then we can help! Head over to our lawyer search area now, enter in your details, and you’ll get a list of qualified lawyers in your area that can answer your questions.

 

This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.

Scott Dylan Westerlund

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