A copyright licence is a form of contract (also known as a 'permissions agreement') based in copyright law. It represents an agreement between someone who wants to use a work (a film, song, image, text, etc) and someone else who can give permission to use it, often in exchange for money.
A copyright licence enables the owner of the copyright to assign the rights to use the copyright to another person based on the terms and conditions established between the parties. The owner of the copyright can put in reasonable restrictions upon the person to whom the copyright being assigned to regarding the use of the particular copyright through the agreement in order to protect exploitation of the copyright.
A license deed in relation to copyright should comprise of following particulars:
Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination
DRAFT OF LICENSE TO USE COPYRIGHT AGREEMENT
I ………….s/o………………. r/o………………...., the owner of the copyright, to Award the LICENCE to s/or/o for using the said for the purpose of for a period of in lieu of the consideration of already paid to me on.., and I hereby acknowledge the receipt of said amount.
Date.
In order to enter into this agreement the copyright owner must have the copyright registered in his name and must have the relevant documents evidencing his title over the copyright in question. Other than this, the identity proofs of the parties can also be scrutinized before entering into the agreement.
No set procedure is applicable in the making of an agreement of licence to use copyright. Once the agreement has been drafted by a lawyer, it should be specifically and carefully read by both the parties to the agreement. Any necessary changes required to be made shall be carried out and once the agreement is finalised, it shall be signed by both the parties along with the requisite witnesses. The agreement is then legally binding when it is printed on judicial stamp paper/e-stamp paper and signed by both the parties. The stamp paper value depends on the particular State in which it is executed. Each party should thereafter keep a signed copy of the Agreement.
An agreement of licence to use copyright is a legal document that includes clauses stating the terms and conditions between the parties. It needs to be printed on a judicial / e-stamp paper of the correct value and signed by both parties. The agreement is required to be registered after stamping with proper value, as per State laws.
While drafting agreements, it is important to know as to what terminology should be used while drafting the same as a small ambiguity in the terms can also jeopardize the claim of the parties. This is why it is crucial to have a documentation lawyer to assist you with the drafting an agreement. Being an expert in the area of documentation law, a documentation lawyer knows the nitty-gritty of the legal procedures and the requirements involved in drafting an agreement. With the experience attained in the field, he/she can guide you with the right advice while entering into an agreement and can make sure that such mistakes are eliminated that cannot be resolved even through further legal procedures.
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