How To Get A Copyright License

Obtaining a Copyright License

What Is a License?

A license is something that gives you a legal right to do or use something in which another person has a property interest. In the case of acopyrightedwork, a license allows you to use that material in certain ways. For example, a license may allow you to reproduce and distribute copyrighted material. In order to use copyrighted material, you must obtain a license from the owner of the copyright, otherwise you could be sued.

How Do I Determine If the Work Is Copyrighted?
Licensing Agreements
Do I Need a Lawyer to License a Copyright?

How Do I Determine If the Work Is Copyrighted?

There are many ways to determine if something is copyrighted. You can:

Examine the work itself to see if there is a copyright notice on it
Search through the records of the Copyright Office
Have the Copyright Office perform a search for you

These are just a few of the many possible ways to determine if a work is copyrighted.

The next step in obtaining a license is to obtain the permission of the owner to use the material. The method for obtaining permission can vary with the type of work. Often, there are licensing organizations that either hold the copyrights or represent the copyright holders. You must contact these organizations to obtain a license for works they cover. If you know who the copyright owner is, you can contact him or her directly.

Licensing Agreements

Permission to use a copyrighted work is articulated through a Licensing Agreement. This agreement will include:

The scope of the license (what you can use the copyright for)
Terms of compensation
Length of the agreement
Any other rights or limitations you have

Not all license agreements include the same provisions, and each agreement can be easily tailored to suit your needs.

Do I Need a Lawyer to License a Copyright?

Creating a licensing agreement can be complex and difficult. An experiencedintellectual property lawyercan help you draft a licensing agreement. An IP attorney can also represent you in court if you have a copyright dispute.

Photo of page author Ken LaMance

Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts.

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