Fillable Form Copyright License Agreement

What is a Copyright License Agreement?

A Copyright License Agreement is a document that details an agreement between the Licensor or owner of a copyright, and the Licensee or the party that wishes to license the copyrighted work. The agreement will contain provisions pertaining to the rights granted by the agreement, the rights and obligations of the Licensor, and the terms of the license.

When a person creates an original work that is fixed in a tangible form of expression, such as an illustration of a particular character or mascot, a song, or even a novel, they are then considered the author and the owner of said work, which is then protected by copyright. Copyright allows authors to more effectively claim ownership of their work under the law, and provides particular rights to the owner of the copyrighted work. These rights include:

• Reproduce the work in copies or phonorecords.
• Prepare derivative works based upon the work.
• Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.
• Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work.
• Display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work.
• Perform the work publicly by means of a digital audio transmission if the work is a sound recording.

Essentially, under copyright law, only the owner of the copyrighted work may make use of their creation in whatever way they see fit. If, for example, the copyrighted work is a novel, and the author (also called the Licensor) sells it to a person, that person may make use of said novel (ie by reading it or talking about it online or to their friends and family), but only up to a certain extent. Going beyond these limits will be considered a violation of contract law, which can then be grounds for the Licensor to pursue legal action.

The limits to which a person can make use of copyrighted work are determined by the owner of the copyright and the “Fair Use Index”, which describes the terms of fair use of copyrighted material by others, and Chapter 1 of Title 17 of the United States Code, which provides a complete list of exceptions to copyright protection under US law.

To enhance their copyright protections and enable them to pursue such things as legal action against those who would attempt to steal their work, copyright owners may register their work with the Copyright Office. Timely registration also allows copyright owners to seek certain types of monetary damages and attorney fees if there is a lawsuit, and also provides a presumption that information on the registration certificate is correct.

For outside parties that wish to also benefit from the rights afforded to copyright-protected works, however, they must enter an agreement with the owner of the copyright that states that they are allowed to make use of the copyrighted work in such a way. For example, using the earlier example of a novel, if a company wishes to create merchandise that is designed around or after the places, characters, and story of the novel, they must contact the author of the novel and enter an agreement with them that allows them to do so. Generally, in return for the Licensor’s agreement to allow another person or organization to license their work, the person or organization - also called the Licensee - will pay the Licensor a fee based on their use of the copyrighted work. This fee is called a royalty.

Copyright License Agreements will often be negotiated over by the Licensor and the Licensee, and will generally only be signed and made official once both parties are satisfied with the terms in the agreement.

Who needs to use a Copyright License Agreement?

If a person or organization wishes to make use of another person or organization’s copyrighted material, they must use a Copyright License Agreement to enter into an arrangement with the copyright owner/s that will give them the license to use the copyrighted work.

Alternatively, should the owner of a copyrighted work wish to allow a particular person or organization to have the license to use their work, then they may create a Copyright License Agreement in order to do so.

How to fill out a Copyright License Agreement?

A Copyright License Agreement is a very simple form to fill out. However, it is important to ensure that both parties (both Licensor and Licensee) are satisfied with the terms as outlined in the agreement.

Date of Agreement

Enter the day and date that the agreement was made.

Name and Organization (If Applicable) of Licensor

Enter the full legal name of the Licensor, and any organization they are part of or representing, if applicable.

Name and Organization (if Applicable) of Licensee

Enter the full legal name of the Licensee, and any organization that they are part of or representing, if applicable.

Item 1 - Rights Granted

Enter the name of the work that the Licensor is granting the Licensee the right to copy, distribute, display, perform, transmit, publish, and sell.

Item 2 - Licensor’s Rights and Obligations

The Licensor retains all rights of every kind and nature in the work, except those that they specifically granted to the Licensee through this agreement.

Item 3 - Payments

Enter the amount of royalties that the Licensee must pay to the Licensor in return for the rights granted to them by the Licensor through this agreement.

Item 4 - Written Statement

The Licensee will render quarterly written statements to the Licensor within forty-five (45) days after the end of each quarter that the copyrighted work is sold, specifying the royalties due to the Licensor with respect to the concerned Work. The statement will be given to the Licensor alongside the payment of the due royalty amount.

Item 5 - Licensor’s Right to Review Records

The Licensor reserves the right to, with reasonable notice, review the records of the Licensee to verify the royalties paid. This must be done in a manner that does not interfere unreasonably with the normal operations of the Licensee.

Item 6 - Warranty and Identification

This section details various things that the Licensor and Licensee both swear to by signing this agreement.

1. The Licensor warrants and represents that:
   1. It has the full right, power and authority to enter into this agreement and to grant the rights passed within.
   2. They have not previously licensed the copyrighted work to any third party
   3. The Licensee’s use of the work will not violate any rights of any kind or nature whatsoever of any third party.
2. The Licensor will not hold the Licensee and their subordinates accountable for claims, damages, liabilities and et cetera. arise from or are connected with any breach of any representation or warranty made by the Licensor.
3. The Licensee will not hold the Licensor accountable for any damages, liabilities, expenses and et cetera arise from or are connected with any claim that the work is infringing on intellectual property rights or the rights of any third party.

Item 7 - Terms and Termination

Enter the time period (in months or years) that the Licensee will be allowed to hold the license to the copyrighted work, unless the agreement is terminated early by either party.

Item 8 - Termination of Agreement (Licensor)

The agreement may be terminated by the Licensor through written notice to the Licensee if the Licensee has had issues in the observance or performance of the agreements included in this document that have persisted for a period of thirty (30) days or more.

Item 9 - Termination of Agreement (Licensee)

The agreement may be terminated by the Licensee through written notice to the Licensor if the Licensor has had issues in the observance or performance of the agreements included in this document that have persisted for a period of thirty (30) days or more.

Line 10 - General Provisions

Line 10a - Successors/Assigns

This agreement is binding upon and will take effect to the benefit of the successors or assigns of the parties herein.

Line 10b - Integration

The agreement sets force all of the terms as agreed upon by both parties, and may not be modified or amended except by written agreement executed by the parties involved.

Line 10c - Governing Law

Enter the State whose laws will govern the agreement.

Line 10d - Notice

The address of each party will be considered the appropriate address for the mailing of notices, checks, and statements, if any.

Licensor’s Name and Signature

Have the Licensor enter their full legal name and signature in the spaces provided. You may also include their title (such as Professor, Doctor, and et cetera) if applicable.

Licensee’s Name and Signature

Have the Licensee enter their full legal name and signature in the spaces provided. You may also include their title (such as Professor, Doctor, and et cetera) if applicable.

Tips when filling out a Copyright License Agreement

Being a legal agreement that gives a person the right to make use of a copyrighted work, it is very important that this form be kept in a safe and secure area to avoid issues of identity theft, or someone altering the form to give them the right to make use of the copyrighted work instead of the correct person or organization.

Review the terms of the agreement. Make sure that you have read and understood all parts of the agreement before signing it.

Notarization, while not required, may be beneficial in preventing fraud on both sides of the agreement. A Notary will ensure that all parties signing the document are who they say they are and that they are fully aware of all terms and agreements written on the agreement.

Practice good contract management. Keep a copy of the agreement in a safe and organized space. This will be useful in case you wish to review or renegotiate the terms at some point in the future. Some legal procedures may also require that either or both the Licensor and the Licensee produce copies of the copyright license agreement.