Master Use License for Malta

Master Use License Template for Malta

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Master Use License

"I need a Master Use License agreement to allow a gaming company to use our proprietary software development kit across the EU market, with specific provisions for revenue sharing and technical support requirements, to be effective from March 2025."

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What is a Master Use License?

The Master Use License is a foundational document used when an intellectual property owner (Licensor) grants permission to another party (Licensee) to use their protected works under specific terms and conditions. This agreement is particularly relevant in Malta's growing digital and creative economy, operating within the framework of Maltese law and EU regulations. It's designed to protect the interests of both parties while ensuring compliance with local and EU intellectual property laws, data protection requirements, and competition regulations. The document typically covers essential elements such as scope of use, territory, duration, payment terms, quality control measures, and termination provisions. This type of agreement is crucial for businesses operating in Malta's digital economy and those engaging in cross-border IP transactions within the EU.

What sections should be included in a Master Use License?

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

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

3. Definitions: Defined terms used throughout the agreement, including 'Licensed Works', 'Territory', 'Term', and 'Permitted Use'

4. Grant of License: Scope of the license, including territory, duration, and permitted uses

5. License Fee and Payment Terms: Financial terms, payment schedule, reporting requirements, and audit rights

6. Licensee Obligations: Specific responsibilities and restrictions on the Licensee's use of the works

7. Quality Control: Standards for use of the licensed works and approval requirements

8. Intellectual Property Protection: Provisions for protecting the licensed IP, including notice requirements and infringement procedures

9. Representations and Warranties: Statements of fact and promises by both parties regarding rights, authority, and compliance

10. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination

11. Confidentiality: Protection of confidential information exchanged during the relationship

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

What sections are optional to include in a Master Use License?

1. Sub-Licensing Rights: Include when Licensee is permitted to grant sub-licenses to third parties

2. Moral Rights: Include for jurisdictions where moral rights are relevant and when dealing with creative works

3. Territory-Specific Requirements: Include when license covers multiple jurisdictions with specific local requirements

4. Technical Requirements: Include when licensed use involves specific technical implementations or standards

5. Marketing and Promotion: Include when license includes rights to use works for marketing purposes

6. Data Protection: Include when use of licensed works involves processing personal data

7. Competition Compliance: Include when license terms could raise competition law concerns

What schedules should be included in a Master Use License?

1. Schedule 1 - Licensed Works: Detailed description and/or list of all works covered by the license

2. Schedule 2 - Permitted Uses: Detailed specification of authorized uses and any usage restrictions

3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, royalty calculations, and payment terms

4. Schedule 4 - Technical Specifications: Technical requirements and standards for use of the licensed works

5. Schedule 5 - Quality Control Guidelines: Detailed quality control procedures and standards

6. Appendix A - Approval Procedures: Step-by-step process for obtaining approvals for use of licensed works

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

Relevant legal definitions
Clauses
Relevant Industries

Media & Entertainment

Software & Technology

Publishing

Education

Digital Content

Gaming

Advertising & Marketing

Music Industry

Film & Television

E-commerce

Digital Arts

Professional Services

Relevant Teams

Legal

Intellectual Property

Content Acquisition

Business Development

Commercial

Rights Management

Compliance

Product Development

Creative

Operations

Digital Assets

Licensing

Relevant Roles

Legal Counsel

Intellectual Property Manager

Licensing Manager

Content Acquisition Manager

Business Development Director

Commercial Director

Rights Management Officer

Contract Administrator

Digital Rights Manager

Copyright Officer

Legal Operations Manager

Compliance Officer

Product Manager

Creative Director

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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