This is because the licensor will not be able to licence anyone else to do the things covered in the licence.Ģ. It is important that if an exclusive licence is granted that the licensor is provided a reasonable fee or royalty. be signed by the licensor or someone on the licensor’s behalf. The licensor is also excluded from exercising the rights granted to the licensee under the licence. Exclusive licence – When the licensor authorises the licensee, and no one else, to do certain things. The main types of licences are exclusive and non-exclusive licences.ġ. Things that should be considered are: how long will the licence last, how much will the licensor be paid, what is the licensee allowed to do with the work under the licence. It all depends on what the licensor and the licensee want to agree to.

Types of licencesīecause a licence is a specific permission, they are all different. Arts Law can help you decide whether you do or do not own copyright in the work you have created. Normally, being commissioned to create a work does not mean that you lose the copyright in that work. if an artwork is created in the course of employment (the employer will then usually own the copyright) or for certain commissions. There are some circumstances where an artist will not own the copyright in their work e.g. To licence an artwork you must be the copyright owner or have permission from the copyright owner to pass on licences to others. Normally the artist who creates an artwork owns the copyright in it.

They will still need to get a licence to do any of these things, even if they own the physical artwork. When a work is sold, this does not mean that the buyer gets any of the exclusive rights above. Licensing the use of an artwork is different to selling the physical artwork itself. That licence can talk about how many copies Mike can make, when, how and also the fee that Belle will receive for giving this permission. The permission which Belle gives is called a copyright licence. He will usually have to ask Belle for her permission to do this, and pay a fee to do this. Mike wants to use the painting on the front of some t-shirts he is making. Under the law, she automatically becomes the copyright owner in the painting. Example of a licence:īelle created a painting. 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. for all works other than artistic works,Ī. when the artwork is uploaded to the internet) andĤ. when reproductions are made available to the public in an art book, on t-shirts or on postcards) andģ. take copies of it by photocopying, photographing, copying by hand, filming, scanning into digital form or copying from a digital file) andĢ.

Under the Copyright Act 1968, the copyright owner of the work has the following “exclusive rights” to:ġ. When someone gives another person permission to use a work protected by Australian copyright law, this is called a “ licence“. A “work” includes an artwork, a piece of writing, a song or a script. Without this permission, the licensee would not legally be able to do any of the permitted acts. What is a licence?Ī licence is a permission from one person (often called a “licensor”) to another (often called a “licensee”) allowing the other person to do something. In this information sheet:īreaking down the basics of giving permission to another group or person to do something with your work through licenses.

Breaking down the basics of giving permission to another group or person to do something with your work through licenses.

Artistic licence or license