Patternfield offers a license terms sheet, which creates a common understanding for your licensing agreement. Please note that these terms do not constitute legal advice and we strongly advise that you engage a qualified lawyer to prepare and finalize your license agreement.
This is the transaction terms sheet. This applies when buyers do not use their company's license terms.
Terms Explanation:
Exclusive vs Non-Exclusive: An exclusive license means that the copyright owner grants the licensee the sole and exclusive right to use the copyrighted work in a particular way, and the owner cannot grant the same rights to any other party. This means that the licensee has complete control over the use of the work, and the copyright owner cannot use or license the work to anyone else during the term of the exclusive license.
The right to produce copies of your work: This right is one of the exclusive rights granted to copyright owners under the United States Copyright Law, and it includes the right to reproduce, distribute, display, and create derivative works based on the original work. When a copyright owner grants a licensee the right to produce copies of their work, the licensee is usually allowed to make copies for commercial purposes, such as for sale or distribution to others. Generally, this right does not apply to surface pattern designs and is more applicable to works of art.
Includes the right to incorporate your work into products:
"Includes the right to incorporate your work into products" in the context of copyright licensing means that the copyright owner is granting permission to the licensee to use the copyrighted work as a part of another product or work. This can include incorporating the work into a larger creative work, such as a film, video game, or book, or using the work as a part of a physical product, such as a T-shirt or poster.
This right is another one of the exclusive rights granted to copyright owners under the United States Copyright Law, and it falls under the category of the right to create derivative works based on the original work. When a copyright owner grants a licensee the right to incorporate their work into products, the licensee is usually allowed to use the work for commercial purposes, such as selling the products that incorporate the work to others.
It's important to note that the right to incorporate a work into products can be subject to certain limitations or restrictions, depending on the terms of the copyright licensing agreement. For example, the agreement may limit the scope or nature of the derivative works that the licensee can create, or it may require the licensee to obtain additional permissions or licenses for certain uses of the work.
Includes the right to change or modify your work:
"Includes the right to change or modify your work" in the context of copyright licensing means that the copyright owner is granting permission to the licensee to make changes or modifications to the original work, or to create derivative works based on the original work.
This right is another one of the exclusive rights granted to copyright owners under the United States Copyright Law, and it includes the right to create adaptations, translations, abridgments, or any other form of modification of the original work. When a copyright owner grants a licensee the right to change or modify their work, the licensee is usually allowed to make these modifications for commercial purposes, such as incorporating the modified work into a larger creative work or product.
It's important to note that the right to change or modify a work can be subject to certain limitations or restrictions, depending on the terms of the copyright licensing agreement. For example, the agreement may limit the scope or nature of the modifications that the licensee can make, or it may require the licensee to obtain additional permissions or licenses for certain uses of the modified work. Additionally, if the licensee makes significant changes or modifications to the work, they may be required to obtain a separate copyright for the modified work.
Includes the right to distribute your work:
"Includes the right to distribute your work" in the context of copyright licensing means that the copyright owner is granting permission to the licensee to distribute copies of the original work to others. This can include physical copies of the work, such as books, CDs, or DVDs, as well as digital copies of the work, such as downloads, streaming, or online access.
This right is one of the exclusive rights granted to copyright owners under the United States Copyright Law, and it includes the right to control the distribution of copies of the work to the public. When a copyright owner grants a licensee the right to distribute their work, the licensee is usually allowed to distribute the work for commercial purposes, such as selling or renting copies of the work to others.
It's important to note that the right to distribute a work can be subject to certain limitations or restrictions, depending on the terms of the copyright licensing agreement. For example, the agreement may limit the channels or territories where the licensee can distribute the work, or it may require the licensee to pay royalties or other fees to the copyright owner based on the sales or distribution of the work. Additionally, the right to distribute the work may be limited by other legal doctrines, such as the first sale doctrine, which allows the purchaser of a lawful copy of a work to resell, lend, or give away that copy without the permission of the copyright owner.
Includes the right to publicly display your work:
"Includes the right to publicly display your work" in the context of copyright licensing means that the copyright owner is granting permission to the licensee to display the original work in a public setting. This can include displaying the work in a physical location, such as a museum or gallery, or displaying the work in a digital format, such as on a website or social media platform.
This right is one of the exclusive rights granted to copyright owners under the United States Copyright Law, and it includes the right to control the public display of the work. When a copyright owner grants a licensee the right to publicly display their work, the licensee is usually allowed to display the work for commercial purposes, such as promoting or advertising the work to others.
It's important to note that the right to publicly display a work can be subject to certain limitations or restrictions, depending on the terms of the copyright licensing agreement. For example, the agreement may limit the duration or location of the public display, or it may require the licensee to obtain additional permissions or licenses for certain uses of the work. Additionally, the right to publicly display the work may be limited by other legal doctrines, such as fair use, which allows for certain limited uses of copyrighted material without the permission of the copyright owner, such as for criticism, comment, news reporting, teaching, scholarship, or research.
Geography: Allows the license to be limited to one or more geographies, or apply to the whole of the world.
Production Description: The description of the product or products that the design will be incorporated into and how it will be incorporated.
Product Categories: The categories of products that the license applies to.
Will the works be licensed in perpetuity: Perpetuity means forever, if they will not be licensed forever, then a duration can be specified such as 3 years.
Duty: In some countries duty is still required for the transfer of copyright. This term determines who would pay the duty if it applies.