This template establishes the legal basis for the provision of digital content by a website user to a website operator, where that content will be resold by the operator.
These T&Cs incorporate a licensing provision, which sets out the basis upon which the website provider may use the content and the circumstances in which such rights may be sub-licensed. When editing this template, you may choose to distinguish between content provided on a “free-distribution” basis and content provided on a “paid-distribution” basis. Different rights may be attributed to each category of content.
The content provider will be paid royalties on sales. The website operator may freely set resale prices, so the contract does not illegally fix resale prices. In order to avoid unconscionably low prices, a minimum payment clause is included.
This template is unsuitable to adopt in relation to digital marketplace, or any other type of marketplace. In the case of a marketplace, the content provider and not the website operator is legally responsible for the supply and licensing of the digital content. Here, by contrast, the website operator is responsible and there is no direct legal relationship between the content supplier and the end customer.