If one party insists on expressing the licence in this way it would be preferable for the agreement to explicitly state what is intended by the term. Whether a licence is exclusive or non-exclusive has an impact on several other provisions of the licence, for example:. Where a licence is stated to be "exclusive", but is limited to a particular territory or field of use, the parties should carefully consider the extent to which the licensee is permitted to prosecute, defend and enforce the intellectual property rights.
Such other licensees may want to be involved in the prosecution, defence and enforcement of the intellectual property rights as such activities are likely to impact on the value of their licence.
In this sense, a territory or field limited licence is not equivalent to a fully exclusive licence. If you have any questions on this article or would like to propose a subject to be addressed by Synapse please contact us. Entering into commercial agreements. DRK Photo , F. Simply put, there is no way around the requirement to possess an exclusive right in copyright infringement cases.
Points to Ponder. A non-exclusive licensee could ask the licensor The owner of the relevant exclusive right could be the licensor but it may well be a separate entity to sue, who may be so inclined.
A better solution would be to contractually require the licensor to sue for violations of the exclusive rights. Naturally, burdening the licensor with such hefty duty would come at a price. Obtaining an exclusive copyright license of at least one of the 5 copyright rights outlined above is highly valuable. An exclusive license is valuable in its own right because exclusivity means you have a monopoly within the scope of the assigned rights.
Conversely, although a non-exclusive license may be very profitable, all your hard work may be jeopardized if you cannot sue and stop infringers.
Exclusive licenses should be sought because of their dual value. When they are not an option, the price of the non-exclusive license should reflect your inability to get redress for infringements. The Non-Exclusive License Under a non-exclusive license the copyright owner is retaining all of her rights in and to the copyright, but granting a third party permission to use all or a portion of her work in some manner.
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