Copyright Licensing in a Nutshell

Copyrights arise automatically when an original work is fixed in a tangible medium of expression. These rights include the exclusive right to copy the work, to distribute the work, to prepare derivative works based on the pre-existing work, and, for certain types of works, to perform and display the work. Each of these rights can be separately transferred or licensed. Moreover, each of the rights can also be subdivided and licensed to more than one licensee.

The large number of ways in which copyright rights can be divided and subdivided increases the complexity of copyright licensing. Copyright owners can license any one or a combination of the rights and a license can be limited in scope, for example to specific media, territory, or uses.

To make the situation even more complicated, there are many different types of works that can be protected by copyrights. These include literary works, musical works, dramatic works, pantomimes and choreography, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works. Each type of work presents its own complex issues.

For example, music licenses have many unique issues that need to be addressed, both factual and legal. The same is true with respect to licenses for fine arts, sculptural works, and theatrical works. Similarly, software licenses involve an array of legal and technical issues that must be understood when preparing a written license. Technology licenses, including biotechnology licenses, are similarly specialized. Copyright licenses can be used in connection with advertising, marketing materials, web site designs, manuals, and computer software.

Each type of license has its own quirks. To understand the basics, see this outline from Pillsbury Winthrop from PLI.