Non Exclusive Copyright License Agreement for India

Non Exclusive Copyright License Agreement Template for India

This document is a comprehensive legal agreement governed by Indian law that enables a copyright owner (licensor) to grant permission to another party (licensee) to use copyrighted material while retaining ownership and the right to license the same material to others. It is structured in accordance with the Indian Copyright Act, 1957, and includes detailed provisions for usage rights, territorial scope, payment terms, and quality control measures. The agreement ensures compliance with Indian intellectual property laws while providing flexibility for both parties to maintain their commercial interests.

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What is a Non Exclusive Copyright License Agreement?

The Non-Exclusive Copyright License Agreement is essential in today's digital age where content licensing and sharing have become increasingly common. This document, governed by Indian law, particularly the Copyright Act, 1957, and the Indian Contract Act, 1872, provides a legal framework for copyright owners to monetize their intellectual property while retaining control over their work. It's particularly useful when the copyright owner wants to maintain the flexibility to grant similar rights to multiple parties, making it ideal for situations involving digital content, software, literary works, or artistic creations. The agreement typically includes comprehensive terms covering usage rights, territorial restrictions, quality control, payment structures, and termination conditions, ensuring both parties' interests are protected while facilitating commercial exploitation of the copyrighted work.

What sections should be included in a Non Exclusive Copyright License Agreement?

1. Parties: Identification and details of the Licensor and Licensee

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope and nature of the non-exclusive license, including permitted uses and territories

5. Term and Termination: Duration of the license and circumstances for termination

6. License Fee and Payment Terms: Financial terms, including license fees, royalties, and payment schedules

7. Licensee's Obligations: Responsibilities and restrictions on the Licensee's use of the copyrighted work

8. Intellectual Property Rights: Affirmation of Licensor's ownership and protection of IP rights

9. Representations and Warranties: Statements of fact and promises made by both parties

10. Indemnification: Obligations to protect against losses and third-party claims

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. General Provisions: Standard contractual provisions including notices, assignment, and severability

What sections are optional to include in a Non Exclusive Copyright License Agreement?

1. Quality Control: Standards for reproduction or use of the copyrighted work, particularly relevant for artistic or branded content

2. Sub-licensing Rights: Terms governing whether and how the Licensee may sub-license the copyrighted work to third parties

3. Moral Rights: Provisions regarding attribution and integrity of the work, particularly important for artistic works

4. Digital Rights Management: Specific provisions for digital content protection and distribution

5. Audit Rights: Right to audit Licensee's use of the copyrighted work and royalty calculations

6. Confidentiality: Provisions for protecting confidential information, important when sensitive information is shared

7. Marketing and Promotion: Terms regarding how the licensed work may be promoted or advertised

8. Territory Restrictions: Specific geographical limitations on the license, if applicable

What schedules should be included in a Non Exclusive Copyright License Agreement?

1. Schedule A - Licensed Works: Detailed description and specification of the copyrighted works covered by the license

2. Schedule B - License Fee Structure: Detailed breakdown of fees, royalties, and payment terms

3. Schedule C - Technical Specifications: Technical requirements for reproduction or use of the copyrighted work

4. Schedule D - Approved Use Cases: Specific examples and scenarios of permitted uses of the licensed work

5. Schedule E - Quality Control Standards: Detailed quality standards and requirements for reproduction or use

6. Appendix 1 - Reporting Templates: Standard forms for usage reporting and royalty calculations

7. Appendix 2 - Brand Guidelines: Guidelines for using the copyrighted work in accordance with brand standards, if applicable

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

India

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Education

Digital Content

Music Industry

Film and Television

Gaming

Advertising

Art and Design

Fashion

Photography

Relevant Teams

Legal

Intellectual Property

Business Development

Content Management

Creative Services

Publishing

Digital Rights Management

Contract Administration

Licensing Operations

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Licensing Manager

Content Director

Business Development Manager

Copyright Administrator

Creative Director

Publishing Manager

Digital Rights Manager

Contract Administrator

IP Portfolio Manager

Media Rights Executive

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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