Licence of copyright

This licence of copyright template can be used to license the rights in a copyright work (such as a literary work, musical work or artistic work).

The licence of copyright granted may be exclusive or non-exclusive, and may or may not include a right to sub-license.

The consideration in respect of the licence may be the payment of a fee or a royalty, or alternatively consideration may be specified in the document. Consideration may be nominal.

Where a royalty is paid to the licensor, an optional audit clause may be used. This provides that the licensor may inspect the records of the licensee relating to the calculation of royalties to check for any underpayments.

The licence of copyright also includes a moral rights clause, which is concerned with the right of paternity in the work (that is, the right to be credited as the author of a copyright work), and the right of integrity (that is, the right to object to derogatory treatment of a copyright work). There are alternative provisions covering the waiver and assertion of the right of paternity, and an optional provision covering the waiver of the right of integrity.

As well as this generic copyright licence, many of our other templates include licensing provisions covering copyright works. See, for example, these templates:

• software licence agreements;
• author agreements; and
• web design agreements.

1. Definitions
2. Term
3. Delivery of Work
4. Licence
5. Moral rights
6. Consideration
7. Royalties
8. Audit
9. Warranties
10. Third party infringements
11. Indemnities
12. Limitations and exclusions of liability
13. Liability and indemnities
14. Termination
15. Effects of termination
16. Notices
17. Assignment
18. No waivers
19. Severability
20. Third party rights
21. Variation
22. Entire agreement
23. Law and jurisdiction
24. Interpretation

How, specifically, are moral rights dealt with by the licence?

The licence includes optional provisions dealing with moral rights - specifically the right of paternity and the right to object to the derogatory treatment of the copyright work. Under one optional moral rights clause, the licensor warrants that the paternity right has been waived, to the maximum extent permitted by law. Under an alternative optional clause, the licensee acknowledges that the paternity right has been asserted. In addition, the licensor may warrant that the right to object to derogatory treatment has been waived.

How does this licence handle Section 101/101A CDPA (which concerns actions against third parties for the infringement of licensed rights)?

There are various alternatives for dealing with this issue. For non-exclusive licensees, there are two alternatives:

"The provisions of Section 101A of the Copyright, Designs and Patents Act 1988 (and any equivalent legal provisions anywhere in the world) shall benefit the Licensee under this Licence."

or

"The provisions of Section 101A of the Copyright, Designs and Patents Act 1988 (and any equivalent legal provisions anywhere in the world) shall not benefit the Licensee under this Licence."

For exclusive licensees:

"The Licensee shall have the same rights and remedies in respect of matters occurring during the Term as if the licence was an assignment, and accordingly the provisions of Section 101 of the Copyright, Designs and Patents Act 1988 (and any equivalent legal provisions anywhere in the world) shall benefit the Licensee under this Licence."

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A copy of this copyright licence is included in these packs:

• Graphic designer pack
• Intellectual property pack
• Photographer pack