License

Scales of justice
Property law
Part of the common law series
Acquisition
Gift · Adverse possession · Deed
Conquest · Discovery · Accession
Lost, mislaid, and abandoned property
Treasure trove  · Bailment · License
Alienation
Estates in land
Allodial title · Fee simple · Fee tail
Life estate · Defeasible estate
Future interest · Concurrent estate
Leasehold estate · Condominiums
Conveyancing
Bona fide purchaser
Torrens title · Strata title
Estoppel by deed · Quitclaim deed
Mortgage · Equitable conversion
Action to quiet title · Escheat
Future use control
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest
Easement · Profit
Covenant
Equitable servitude
Related topics
Fixtures · Waste · Partition
Riparian water rights
Prior-appropriation water rights
Lateral and subjacent support
Assignment · Nemo dat
Property and conflict of laws
Other common law areas
Contract law · Tort law
Wills, trusts and estates
Criminal law · Evidence

The verb licence or grant licence means to give permission. The noun licence (license in American English) refers to that permission as well as to the document memorializing that permission.

License may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is "an authorization (by the licensor) to use the licensed material (by the licensee)."

In particular a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee and/or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations.

Contents

Intellectual property

A licensor may grant license under intellectual property laws to authorize a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor.[1] A license under intellectual property commonly has several component parts beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor.

Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of IP ownership.

Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (United States/Canada) would not permit a licensee any protection from actions for use in Japan.

Mass licensing of software

Mass distributed software is used by individuals on personal computers under license from the developer of that software. Such license is typically included in a more extensive end-user license agreement (EULA) entered into upon the installation of that software on a computer.

Under a typical end-user license agreement, the user may install the software on a limited number of computers.

The enforceability of end-user license agreements is sometimes questioned.

Trademark and brand licensing

A licensor may grant permission to a licensee to distribute products under a trademark. With such a license, the licensee may use the trademark without fear of a claim of trademark infringement by the licensor.

Artwork and character licensing

A licensor may grant a permission to a licensee to copy and distribute copyrighted works such as "art" (e.g., Thomas Kincaid's painting "Dawn in Los Gatos") and characters (e.g., Mickey Mouse). With such license, a licensee need not fear a claim of copyright infringement brought by the copyright owner.

Artistic license is, however, not related to the aforementioned license. It is a euphemism that denotes approaches in art works where dramatic effect is achieved at the expense of factual accuracy.

Academy

A book published in the U.S. and its licensed Chinese reprint (for sale in Mainland China only)
National examples of the License are listed at Licentiate

A license is an academic degree. Originally, in order to teach at a university, one needed this degree which, according to its title, gave the bearer a license to teach. The name survived despite the fact that nowadays doctorate is typically needed in order to teach at a university. A person who holds a license is called a licentiate.

In Sweden and some European universities it is approximately equivalent to an MPhil or MRes. In those countries, a license is a middle-level degree between a master's degree and a doctorate, taken by doctoral candidates, and is a popular choice in those countries where a "true" PhD would take five or more years to achieve.

In other countries, i.e. Poland or France, a license is achieved before the master's degree (it takes 3 years of studies to become licentiate and 2 additional years to become Master). In Switzerland, a license is a 4-year degree then there is a DEA degree which is equivalent to the Master's degree. In Portugal, before the Bologna process, students would become licentiates after 5 years of studies (4 years in particular cases like Marketing, Management, etc; and 6 years for Medicine). However, since the adoption of the Bologna Process engineering degrees in Portugal were changed from a 5 year license to a 3 year license followed by 2 years for the MSc: Not having the MSc doesn't confer accreditation by the Ordem dos Engenheiros)

Spelling

In almost all forms of English the noun is usually spelled Licence and the verb License. The exception is US English where both the noun and the verb are spelled License.

See also

Intellectual property-related:

Other:

References

  1. ↑ Intellectual Property Licensing: Forms and Analysis, by Richard Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press, 1999-2008. ISBN 973-58852-086-9

External links

Wikibooks