Does every licence agreement necessarily mean full control of the work? Not always! A non-exclusive licence is an arrangement that allows the licensor to grant the right to use the work to multiple parties at the same time.
In the previous article, we discussed the exclusive licence – an arrangement that provides the licensee with exclusive rights to use the work in a specific way. While such a model gives full control over the exploitation of the work, it is not always the most advantageous solution. In many situations, a non-exclusive licence is a more flexible and practical choice, allowing the work to be widely disseminated and benefiting from repeated sharing with different parties.
Non-exclusive licence
The second sub-type of licence is the non-exclusive licence. In Polish copyright law there is a presumption of non-exclusive licensing , which means that if a contract does not expressly state that the licensor grants an exclusive licence, such authorisation to use is granted under a non-exclusive licence.
It is by far more common in the trade, and is characterised by the right to simultaneously authorise several (or even an infinite number of) entities to use one work in the same field of exploitation at the same time and in the same territory.
A non-exclusive licence is often not a stand-alone contract, but is an element of other contracts, e.g. transferring ownership of the media on which a work is recorded.
Therefore, it is often advisable to draw up, in addition, general terms and conditions/regulations for the use of the work under a non-exclusive licence. In practice, such a document essentially replaces the contract.
A non-exclusive licence agreement does not require any particular form for its validity and effectiveness.
Importantly, it is possible to conclude a licence agreement that is both an exclusive and a non-exclusive licence at the same time – it all depends on the agreement of the parties to the agreement.
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