Breaking down the basics of giving permission to another group or person to do something with your work through licenses.
In this information sheet:Breaking down the basics of giving permission to another group or person to do something with your work through licenses.
a. perform the work (e.g. play a song in a pub); and
b. adapt the work (e.g. turn a script into a film).So, if someone wants to do any of these things, and they do not own the copyright, they will usually need to get permission or a licence from the copyright owner.
a. be in writing.
b. be signed by the licensor or someone on the licensor's behalf.It is important that if an exclusive licence is granted that the licensor is provided a reasonable fee or royalty. This is because the licensor will not be able to licence anyone else to do the things covered in the licence. 2. Non-exclusive licence – When the licensor authorises the licensee to reproduce, publish or communicate the work to the public but the licensor wants to retain their rights and continue to use the work themselves, and grant licences to others. A non-exclusive licence can be oral. It is always better, however, to have a written agreement. Sometimes, the circumstances might imply a certain type of permission, even if the licensor or licensee do not expressly make this clear. This is called an implied licence. For example, when someone sends a letter to the editor of a newspaper there is an implied licence that the newspaper can edit and publish the letter. Also, when an artwork is commissioned for a purpose, the commissioner usually has an implied licence to use the artwork for that purpose.
a. the permitted dimensions and colours of any reproduction;
b. the kinds of objects the licensee may print the image onto;
c. the kinds of mediums or multimedia platforms in which a reproduction is permitted;
d. the "print run", or the number of items on which the image may be reproduced; or
e. the way in which the image can be used on any promotional brochures for a product.4. Moral rights: Set out how the artist wants to be attributed (named) and where they want this to appear on any reproduction. For example: "Original work by Sam Joseph © 2004"; or "Smiling © Sam Joseph 2004". Specify that the artist's consent must be obtained to alter the artwork/image, add something to it, or change it in any way. Remember that an artist cannot sell, transfer or license moral rights. 5. Term: Set the time during which the licensee may use the rights granted under the licence. 6. Territory: Determine the place in which the licensee may use the rights granted under the licence. Does the licensor want this place to be limited to a specific town, region or country? 7. Payment: Agree on the amount or amounts the licensee will pay the licensor. Payment can either be a flat fee, royalties (ie a percentage of money received from using the rights granted under the licence) or both. Artists can seek advice from organisations such as Viscopy (www.viscopy.org.au) or Copyright Agency Limited (www.copyright.com.au) (CAL) about payment rates. Also consider whether any GST is payable. 8. Termination: There should be a clause covering what will happen if there is a breach of an important part of the agreement, and how long the licensee and the licensor has to fix the problem before either can exercise the right to end the agreement. There should also be a clause that sets out what happens when the agreement ends. 9. Evidence: A record of the agreement should be kept. Two copies of the agreement can be created so that the licensor and the licensee can each have a signed original. 10. Duty/Government charges: Check whether stamp duty is payable on the licence. If you are unsure contact the Office of State Revenue or its equivalent in your state.