Copyright Licence Agreement for Hong Kong

Copyright Licence Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which a copyright owner (licensor) grants permission to another party (licensee) to use, reproduce, distribute, or modify copyrighted works. The agreement operates within the framework of the Hong Kong Copyright Ordinance (Cap. 528) and related legislation, providing detailed provisions for license scope, duration, territory, payment terms, usage rights, and obligations of both parties. It includes specific protections and compliance requirements under Hong Kong's intellectual property regime, making it suitable for both domestic and international licensing arrangements.

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What is a Copyright Licence Agreement?

The Copyright Licence Agreement is a critical legal instrument used when a copyright owner wishes to grant permission to another party to use their intellectual property while retaining ownership. This document is essential in Hong Kong's intellectual property landscape, where copyright protection is governed by the Copyright Ordinance (Cap. 528) and influenced by common law principles. It's particularly relevant in situations involving software licensing, content distribution, publishing rights, or media usage. The agreement typically covers essential elements such as scope of use, territory restrictions, payment terms, quality control requirements, and termination conditions. It's designed to protect both the licensor's intellectual property rights and the licensee's commercial interests while ensuring compliance with Hong Kong's legal framework. The document can be customized for various scenarios, from simple single-use licenses to complex international licensing arrangements.

What sections should be included in a Copyright Licence Agreement?

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, ownership confirmation of the copyright works, and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Works', 'Territory', and 'Term'

4. Grant of License: Scope of the license, including whether exclusive or non-exclusive, and permitted uses of the copyrighted works

5. Term and Termination: Duration of the license and circumstances under which it can be terminated

6. License Fees: Payment terms, including amounts, payment schedule, and method of payment

7. Licensee Obligations: Key responsibilities of the licensee including quality control and protection of the copyright

8. Licensor Obligations: Key responsibilities of the licensor including warranties of ownership and right to license

9. Intellectual Property Protection: Provisions for protecting the licensed copyright, including infringement actions

10. Warranties and Indemnities: Warranties regarding ownership and non-infringement, and related indemnification provisions

11. Confidentiality: Obligations regarding confidential information exchanged during the license relationship

12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Copyright Licence Agreement?

1. Sub-licensing Rights: Include when the licensee is permitted to grant sub-licenses to third parties

2. Territory Restrictions: Include when the license is restricted to specific geographic regions

3. Quality Control: Include for licenses where the quality of reproduction or implementation is crucial

4. Moral Rights: Include when dealing with artistic works where moral rights are significant

5. Competition Compliance: Include when the license terms could have competition law implications

6. Source Attribution: Include when the licensee must acknowledge the copyright owner in specific ways

7. Royalty Reporting: Include when the license fees are based on usage or revenue

8. Technical Support: Include when the licensor provides technical support for implementation

9. Updates and Modifications: Include when dealing with software or content that may be updated

10. Export Control: Include when the licensed material is subject to export regulations

What schedules should be included in a Copyright Licence Agreement?

1. Schedule 1 - Licensed Works: Detailed description of the copyright works being licensed

2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of fees, payment schedule, and calculation methods

3. Schedule 3 - Technical Specifications: Technical requirements for implementation or reproduction of the licensed works

4. Schedule 4 - Territory: Detailed description of geographic territories where license applies

5. Schedule 5 - Quality Control Standards: Specific quality requirements and approval processes

6. Appendix A - Approved Form of Attribution: Required format for copyright notices and attributions

7. Appendix B - Reporting Templates: Standard forms for usage reporting and royalty calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Media and Entertainment

Publishing

Education

Software Development

Digital Content

Gaming

Music Industry

Film and Television

Advertising

E-commerce

Professional Services

Arts and Culture

Relevant Teams

Legal

Intellectual Property

Business Development

Commercial

Content Acquisition

Rights Management

Publishing

Product Development

Licensing

Corporate Affairs

Digital Assets

Content Management

Relevant Roles

Legal Counsel

Intellectual Property Manager

Copyright Officer

Licensing Manager

Business Development Director

Content Acquisition Manager

Rights Management Specialist

Commercial Director

Publishing Manager

Media Rights Manager

Contract Administrator

Creative Director

Product Manager

Software Licensing Manager

Digital Rights Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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