Non Exclusive Copyright Licence Agreement Template for England and Wales

A Non Exclusive Copyright Licence Agreement is a legal contract that allows you to grant usage rights to your copyrighted material while retaining ownership and the ability to license the same work to multiple parties. Under England and Wales law, this agreement provides a structured framework for commercialising your intellectual property while maintaining control over how your work is used, distributed, and monetised.

When do you need this document?

You need this agreement when licensing creative works such as photographs, artwork, written content, software, or music to businesses or individuals who want to use your material for commercial purposes. It's essential for photographers licensing images to multiple publications, authors permitting excerpts from their books, software developers allowing companies to use their code, or musicians licensing tracks for advertising campaigns. The non-exclusive nature means you can generate multiple revenue streams from the same work while the licensee gains legal certainty about their usage rights.

Key legal considerations

The agreement must clearly define the scope of permitted use, including specific purposes, distribution channels, and any restrictions on modification or adaptation. You should specify the territorial limits of the licence, whether it's limited to England and Wales, the UK, or extends internationally. Payment terms require careful consideration, including whether fees are one-time payments, royalties based on usage, or recurring licence fees. The duration clause determines whether the licence is temporary or perpetual, and termination provisions should outline circumstances that allow either party to end the agreement. Consider including moral rights provisions, particularly if you want to retain the right to be identified as the creator or object to derogatory treatment of your work.

Legal requirements in England and Wales

Under the Copyright, Designs and Patents Act 1988, copyright licences must be granted by the copyright owner or someone with proper authority to act on their behalf. The agreement should demonstrate clear ownership or authority to license the copyrighted material. While not legally required to be in writing, having a written agreement provides crucial evidence of the licence terms and prevents disputes. The licence must not exceed the scope of rights held by the licensor, and any assignment of moral rights must be clearly stated if applicable. Consider the interaction with the Database Directive if licensing database content, and ensure compliance with the Software Directive for computer programs. The agreement should specify the governing law as England and Wales to ensure clarity over jurisdiction for any disputes.