How can I authorise third parties to use my works?
With the answer to this question comes: the licence.
A licence is an agreement authorising the use of another’s work in the fields of exploitation listed in the agreement, specifying the scope, place and time of such use[1].
Therefore, a licence agreement should at least indicate: the parties to the agreement, the work and the fields of exploitation.
Who can be a party to a licence agreement? The licensor and the licensee
The parties to a licence agreement are the licensor and the licensee.
What is important is that the licensor does not have to be the creator of the work in question.
It is sufficient that the licensor is the entity entitled in any way under the author’s economic rights, i.e., it is, for example, the employer.
In addition to indicating the necessary elements, the parties to a licence agreement may arrange the legal relationship as they see fit, i.e. indicate the duration and place of the licence, the manner of use of the work, the issue of sublicensing and the assertion of claims by the licensee, or additional obligations of the parties depending on the circumstances of the case.
Remuneration of the licence: When is remuneration necessary?
A licence may be paid or royalty-free – which means that remuneration is not always necessary for its granting.
In what form should a licence agreement be concluded?
As a general rule, the form in which a licence agreement is concluded is arbitrary, including that which may be implied (e.g. its effective conclusion may occur automatically through the purchase of the goods in question).
However, the adoption of a particular form of contract may be relevant when the parties wish to conclude a specific sub-type of licence in order to produce specific legal effects.
Therefore, it should be pointed out that licenses are divided into exclusive and non-exclusive licenses and are discussed in the following articles.
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[1] E. Ferenc-Szydełko (ed.), Copyright and Related Rights Act. Commentary. 4th ed. Warsaw 2021.
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