How to Get a Copyright License

Copyright Made Easy

What Is Copyright?

Copyright is a type of intellectual property protection that grants the owner the exclusive legal right to publish, reproduce or redistribute a piece of creative work.

What Is a Copyright License?

A copyright license is an ongoing legal agreement between a copyright holder and a third party that authorizes certain rights to the third party, such as the right to print, publish, perform, film or record literary, artistic or musical material that the copyright holder owns.

What Is Covered by Copyright?

Copyright protects literary, dramatic, musical or artistic works — like publications, books, plays, films, songs, photographs and paintings — from being copied, distributed or sold without the permission of the copyright holder. Copyright does not protect the commercial identity of a brand or product — including its name, logo, font or slogan — from being used by another brand’s goods or services. These rights are protected by trademark law. Copyright also does not protect new inventions, which are instead protected by patent law.

What Is Included in a Licensing Agreement?

Different types of rights can be included in a licensing agreement. These include rights related to the:

Licensor: The owner of the copyrighted work.
Licensee: The user of the copyrighted work.
Description: The details of the work being licensed.
Use Case: How the copyrighted work can be used.
Term: How long the copyrighted work can be used.
Territory: Where in the world the copyrighted work can be used.
Exclusivity: Whether the licensee is the only one who can use the copyrighted work.
Limitations: A licensee may specify certain limitations regarding the use of the copyrighted work, such as whether the rights can be sublicensed or when they can be terminated.

The Difference Between a Copyright License, Trademark and Patent

When it comes to protecting intellectual property, you ought to know the difference to make sure that you are 100% protected.

Copyright protects different forms of tangible forms of expression such as books and songs. It does not protect ideas or facts.
Trademarks are licensed marks, designs or phrases, that are usually associated with a product or company.
Patents are granted to companies and people, who make important discoveries or innovations. If approved, patent owners have exclusivity rights over their products in the market for a set period of time.

If you have any questions, you should contact your legal counsel to interpret the full scope of a copyright license.

If your team plans on using copyrighted content on a regular basis, buying a copyright license through a content licensing company can be more beneficial than securing a permissions license for each individual piece of content. There are three steps you will need to take in order to get a copyright license:

1. Identify the content and permissions you will need on an ongoing basis

The first step is to review your content strategy to determine whether the content gaps on your various platforms would be better filled with an ongoing feed of licensed content as opposed to original content. For example, if you are looking to build credibility with your audience through a blog about topics related to your business, you may want to seek out articles from trusted voices or publications instead of having your in-house experts write the articles themselves, particularly if these experts are relatively unknown outside the organization. Or, if you are a small business looking for monthly wellness guides to add value to your company’s intranet, it might be easier and more cost-effective to license a feed that you can incorporate instead of hiring staff to produce original wellness content on a regular basis. Alternatively, you may want to source content for news websites or magazines. It's important to identify these use cases before entering the negotiations, so you can ensure what you need is included in the contract.

2. Partner with a rights licensing organization, such as NYTLicensing

The next step is to figure out if there are any content licensing companies that represent the content types you need and that are able to offer the rights you seek through a copyright license. Because rights licensing organizations offer feeds of rights-cleared material from a variety of sources, working with one will reduce the time you spend tracking down the copyright owner and negotiating rights each time you need permission to use a piece of content. Partnering with a rights licensing organization for a copyright license will also save you money in the long run. By licensing content on an ongoing basis, the price per piece of content will typically end up being lower than if you sought copyright permissions on a one-off basis.

3. Obtain an agreement that outlines the terms and conditions of the license

The last step is to obtain an agreement that outlines the permissions granted through your copyright license. If you work with a rights licensing organization, the organization's team of experts should make the onboarding process as seamless as possible to ensure that implementation can begin as soon as the agreement is signed. As you use the content, it is important to regularly communicate with the rights licensing organization about how the content is performing against your goals. The organization should be your strategic partner in making sure that your license agreement includes the right content to meet your needs and objectives as they evolve.

Do I need a copyright license for works in the public domain?

Works in the public domain are no longer protected by copyright law. Copyright has an expiration date in most countries. However, just because copyright could have technically expired, there could still be other items you should consult a lawyer before using an item without permission. While a painting in a museum may be in the public domain, the photographs of them may not be free to use. Alternatively, trademark law may protect certain works and images, even after the copyright law expires. While copyright law may seem straightforward, it can actually be pretty complicated. If unsure, it is always best to consult your legal team.

Are copyright licenses free?

Final Thoughts

NYTLicensing offers independent journalism and storytelling across a range of formats to help you craft a more comprehensive content strategy. All of our content packages are rights-cleared, easy to implement and include republishing guidelines. We handle the entire legal process pre-sale, ensuring that the content you license can be published instantly anywhere in the world. Choose from original reporting from The New York Times or dive deep with rights-cleared material from a variety of respected publications focused on business, health, lifestyle, science and technology, opinion and more. Popular titles include Harvard Business Review, Scientific American and Slate.

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