What Constitutes a Video License Agreement?
A Video License Agreement, also known as a video licensing agreement, exists between a creator or distributor of videos (such as a video creator or video blogger) and a content user to ensure that the user has the legal right to use the licensed content and that the creator or distributor of the content gets the credit and/or compensation they deserve.
A Video License Agreement may be used when you want to:
Never engage in unauthorized use of video content you find on the Internet — you don’t know if the content is unauthorized for you to use or not. Never take the risk until you have obtained permission from the content creator or owner of the content, or have entered into a Video License Agreement. In any case, all Video License Agreements should include the following provisions: Video License Agreements are essential because they protect both the Video Licensee and the Video Licensor. For example , it protects the Video Licensee because it acts as a shield: if the Video Content is later claimed to be unauthorized or contain infringing material, the Licensee can produce the written Video License Agreement with the Licensor which disclaims any such unauthorized or infringing material. It protects the Licensee because it provides legally binding evidence that the Use is permitted. It protects both parties because it sets the terms of the use, including royalties due to the Licensor. For a Video License Agreement to be legally binding (therefore affording protection for the Licensee), it should be signed by both the Licensee and Licensee. Digital signatures are authenticated simply by validating that the authenticated signer signed the agreement. The agreement should also contain a statement that the video was created by the Licensor and that the Licensee does not own the intellectual property ("IP") rights, unless to the extent that the terms specifically set forth.
Essential Aspects of a Video License Agreement Template
A video license agreement template should include the necessary components that any proper license agreement between a licensor (owner) and a licensee (user) of a video asset should contain. Critical elements are the rights that are being licensed, restrictions on those rights, and the compensation to be paid for those rights. It goes without saying that the parties are important as well. It is also important that enough identifying information about the work, such as the title, registration number, and/or serial number, is in the agreement so that there is no dispute over what is being licensed. Additional elements of a license agreement template can include territory (where the asset can be used), term (how long the license is valid), exclusivity (whether other licensees will be allowed to use the same asset), and sublicensing (the extent to which the licensee can allow others to use the asset). The cost of the license should be spelled out, as well as rights of first refusal (if other related works are developed) or first negotiation (if the owner of the rights wants to grant the licensee any new rights developed in the future).
Types of Video Licenses
There are a number of different types of video licenses that you should be aware of at the outset. The most common type that the average business owner will deal with is probably the "non-exclusive license"—meaning, the right to do or not do something with your video only for yourself. In these instances, you’re basically saying to your licensee/user that they can use the video as long as they won’t market it elsewhere. This is considered the most basic type of video license and can serve as a way to protect yourself from false attribution and/or plagiarism.
However, an agreement to not use a video in a specified way is not the only type of video license. In fact, you can license your video in a limited number of ways, according to the "how" and "where" of its intended use.
As a seller/creator of a video, you have three options when deciding to license your work. Here are the main three:
Types of Licenses
- Exclusive License – Giving the sole power to a specific owner to use it, which "exclusive" owner has the power to extend the use license to others.
- Non-Exclusive License – Not giving an exclusive right to a specific owner, allowing for multiple people to access the license.
- Limited License – Giving permission to a picture or video for a short period of time, after which the permission is automatically nullified. This, of course, is a broad, general definition and should be addressed more specifically in a video license agreement.
If a licensee/purchaser chooses to buy a limited-type video license, you have the right, as a license provider, to charge a lower price for the item, since it has a set expiration date on it.
These are some of the main ways you might want to license your video. However, there are other types of video licenses and video license terms that are available to you as a business owner.
How to Edit a Video License Agreement Template
To customize a video license agreement template, it is necessary to fully comprehend the requirements of the particular project for which it is being adapted. First, identify the type of usage that will be permitted under the agreement, such as whether it will entail educational, commercial or promotional use.
Next, evaluate the scope of distribution. This comprises both domestic and international territories and should take into account any future plans for expansion. Certain territories may require different agreements or stipulations. Once the usage specifics are understood, the parties need to negotiate terms specific to their situation in order to solidify these arrangements. While this is frequently done between the artists, agents, managers, or in-house counsel, any external legal or business adviser can explain aspects of the contract to both parties and draft revisions to ensure that the terms of the contract are appropriate for the situation.
In all cases, it is best to go through the template and strike out any clauses that do not apply. For instance, there may be clauses relating to compensation methods that do not apply to the situation. In such cases, simply keep or delete these clauses in accordance with the compensation method you have agreed upon with the seller.
Another common clause that is sometimes omitted for some videos is the "force majeure" clause. This clause releases the obligations of the distributor in case of certain events such as war, a natural disaster, strikes, acts of civil or military authorities, etc.
Video License Agreement Mistakes
Understanding the essentials of a video license agreement template is crucial, but so is knowing what not to do. There are some common mistakes that crop up in these types of contracts that can have negative ripple effects if not avoided.
One of the biggest problems that people run into is failing to define terms clearly. The variables in any video license agreement need to be specific so there is no confusion regarding the nature of the agreement and the conditions of the licensing. Failing to include a clear definition of the videos licensed and their respective licensing periods can be an issue.
Another common error is neglecting to clearly state renewal conditions. This is another area that could lead to confusion down the road , and it is ideally included as part of the template agreement itself. This is certainly a topic worth clarifying in a separate section or exhibit to the template contract.
Importance of Consulting a Lawyer
Consult a Lawyer. Even after reading this blog post, it is very important to consult with a lawyer to ensure that any video license agreement template meets your particular needs or those of your organization. There are a variety of issues that should be addressed with a lawyer, including the following: A lawyer may also be able to assist you with negotiations for such an agreement. What happens if the other party to the agreement breaches the contract? Getting a license agreement template that anticipates what happens if the deal goes south can go a long way to protecting your company. Even if you have a law degree, you should consider having a lawyer review the video license agreement once it is completed. A lawyer may see things that you did not catch and that can help you avoid mistakes, such as those listed above.
Video License Agreement Templates Free vs Paid
Like many other legal forms, when it comes to video license agreement template, you’ll have the option to either spend your money on a professional legal form drawn up by a lawyer or use a free one found online. Although there’s nothing wrong with saving money, remember that you always get what you pay for and that means short-sighted savings could end up costing a fortune in the long run. When you search for a video license agreement template online, you’re likely to stumble across a number of free options. Although these free templates provide a similar form and fairly standard language to that of a paid template, you can’t be certain that they are legally sound and work for your particular situation. Some people even opt to use them without any alterations which is never a good idea. Although this could save you money (in comparison to spending heaps of money getting an attorney to create one) it could bite you later as you could find yourself facing a lawsuit for not going through the legal steps to create your own unique template . Free templates could make you wonder why lawyers even get paid to do what they do, but if you really want the most out of your template, you cannot just rely on a few phrases online. The only reason we could recommend using a free video license agreement template would be if you were strapped for cash and needed something, anything to fall back on. But the downside of this option is that you will eventually need to pay an attorney to build one for you anyway so why spend money on something that will be completely useless a few weeks from now. As you’ve probably already guessed, the most foolproof option is to pay a lawyer to create you a unique and specific video license agreement template that is tailored to your situation. If you choose not to go this route, you could find yourself in a lot of legal trouble.