by Tina Ok Gehres 

As companies of every kind and sizes spend money on branded content material, the necessity for copyright policing is changing into extra obvious than ever. Which means not solely monitoring for copyright infringement, but in addition granting licenses for makes use of deemed legitimate, viable or worthwhile. Licensing your supplies might help you attain new audiences, achieve model recognition and construct lasting partnerships, all whereas retaining management of your belongings. Whereas it’s not essentially troublesome to license a copyrighted work, there are various issues to bear in mind. The San Diego enterprise attorneys at Gehres Regulation Group, P.C. supply their most vital ideas.

1. Know Your Property
Mental property isn’t at all times as simple as it might appear. Whereas it’s true that frequent regulation grants copyright instantly upon publishing a piece, a federally registered copyright with the U.S. Copyright Workplace gives way more safety within the case of a dispute. Take into account registering your works previous to licensing them, and keep in mind that they have to be in fastened or tangible type with a view to be eligible for federal copyright. Works that may be copyrighted embody literature, theatre, music, choreography, movement footage, audio-visual works, architectural works, engineering designs and software program code. You aren’t in a position to copyright names or slogans; they have to be registered as a substitute as logos.

2. Create a Clear Settlement
A licensing settlement is an absolute must-have. You will discover templates on-line, however it’s endorsed to seek the advice of a enterprise legal professional with mental property experience. They may be capable to draft an settlement that’s particular to your wants and targets, which can then function your personal custom-made template in case your circumstances allow. A licensing settlement outlines charges, royalties and another funds by the licensee. It is going to additionally embody the time period (size), scope, makes use of, rights, warranties, indemnity, enforcement and different essential particulars. In easiest phrases, this doc ensures you’re each paid and guarded throughout the engagement. If you happen to should not have a license settlement and find yourself in a dispute, courts will usually look to frequent practices to information their selections, which regularly leaves house owners in a much less favorable state of affairs.

three. Preserve Detailed Data
All licensing agreements ought to be filed and backed up. If a licensee violates their license phrases, correct documentation will assist your legal professional settle the dispute both immediately with the violating get together or, if mandatory, in courtroom. Additionally it is a greatest apply to create a database of your copyrighted and licensed works. This may be so simple as a spreadsheet displaying the title of every work, to whom it’s licensed and the date the contract expires. With the numerous calendar instruments and integrations out there at this time, you’ll be able to even set a reminder to resume or renegotiate expiring licenses forward of time.

four. Use Exclusivity Sparingly
Very hardly ever is an unique license the best engagement for the licensor. But, many licensees will search unique rights. Perceive that when you signal an unique license settlement, you will be unable to train your rights till they’re granted again upon the expiration of the settlement. In case you are giving unique rights in your copyright, the licensee ought to be projecting important income to your online business by means of any mixture of royalties, charges, advances and minimal ensures. Whereas non-exclusive licenses will be implied, unique licenses should often be written with a view to be legitimate.

5. Monitor Utilization
From a enterprise perspective, mental property is a dwelling, respiration organism. As such, license agreements ought to be monitored constantly to make sure licensees are abiding by the phrases. Even in essentially the most concise agreements, miscommunications can happen. It’s higher to catch a small misstep than an egregious misuse, particularly contemplating the truth that there may be an underlying enterprise relationship.

Due to the dangers and obligations that include licensing copyrighted work, most organizations search an mental property legal professional who can present dependable counsel in all areas of mental property regulation, together with trademark and copyright registration, licensing and litigation. Reasonably than wait till an issue arises to rent a enterprise lawyer, construct a relationship and proactively set up processes to guard your property, model and enterprise.


Tina Ok Gehres is the President and founding father of Gehres Regulation Group, P.C. in San Diego, California. Ms. Gehres holds greater than two and a half a long time of authorized and enterprise expertise. Right this moment, she makes use of her expertise to supply authorized companies to small companies and people and has positioned herself as a invaluable asset to all of her purchasers.

The submit 5 Ideas for Licensing Your Firm’s Copyrighted Work by Tina Ok Gehres of @Business_attys appeared first on She Owns It.


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