License Right
A License Right is a legal right granted by a licensee to a licensor to perform a license requiring activity.
- Context:
- It can range from being a Long-Term License to being a Short-Term Permit.
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- Example(s):
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- Counter-Example(s):
- See: Intellectual Property, License Agreement Document, Copyright, Right to Vote, Prohibition, Illegal Act.
References
2016
- (Wikipedia, 2016) ⇒ https://en.wikipedia.org/wiki/license Retrieved:2016-7-22.
- The verb license or grant license means to give permission. The noun licence (British, [1] Indian, [2] Canadian, [3] Australian, [4] New Zealand, [5] Irish, [6] or South African English [7] ) or license (American English) refers to that permission as well as to the document recording that permission. A license may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is "an authorization (by the licensor) to use the licensed material (by the licensee)." In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee and/or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations. A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor. [8] A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor. Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.
Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (Mexico/United States/Canada) would not permit a licensee any protection from actions for use in Japan.
A shorthand definition of license is "a promise by the licensor not to sue the licensee." That means without a license any use or exploitation of intellectual property by a third party would amount to copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so. [9]
Intellectual property licensing plays a major role in business, academia and broadcasting. Business practices such as franchising, technology transfer, publication and character merchandising entirely depend on the licensing of intellectual property. Land licensing (proprietary licensing) and IP licensing form sub-branches of law born out of the interplay of general laws of contract and specific principles and statutory laws relating to these respective assets.
- The verb license or grant license means to give permission. The noun licence (British, [1] Indian, [2] Canadian, [3] Australian, [4] New Zealand, [5] Irish, [6] or South African English [7] ) or license (American English) refers to that permission as well as to the document recording that permission. A license may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is "an authorization (by the licensor) to use the licensed material (by the licensee)." In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee and/or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations. A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor. [8] A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor. Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.
- ↑ See, for instance, the British Government's webpage
- ↑ See, for instance, the Indian Government's webpage
- ↑ See, for instance, the Canadian Government's webpage
- ↑ See, for instance, the Australian Government's webpage
- ↑ See, for instance, the New Zealand Government's webpage
- ↑ See, for instance, the Irish Government's webpage
- ↑ See, for instance, the South African Government's webpage
- ↑ Intellectual Property Licensing: Forms and Analysis, by Richard Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press, 1999-2008. ISBN 978-1-58852-086-9
- ↑ Licensing Intellectual Property: Law & Management, by Raman Mittal. Satyam Law International, New Delhi, India, 2011. ISBN 978-81-902883-4-7.
2009
- (WordNet, 2009) ⇒ http://wordnetweb.princeton.edu/perl/webwn?s=license
- S: (n) license, licence, permit (a legal document giving official permission to do something)
- S: (n) license, licence (freedom to deviate deliberately from normally applicable rules or practices (especially in behavior or speech))
- S: (n) license, licence (excessive freedom; lack of due restraint) "when liberty becomes license dictatorship is near"- Will Durant; "the intolerable license with which the newspapers break...the rules of decorum"- Edmund Burke
- S: (n) license, permission, permit (the act of giving a formal (usually written) authorization)
- S: (v) license, licence, certify (authorize officially) "I am licensed to practice law in this state"