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Perpetual Copyright Licence Template for England and Wales

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Key Requirements PROMPT example:

Perpetual Copyright Licence

"I need a Perpetual Copyright Licence for software I've developed, granting unlimited usage rights to a major tech company while retaining ownership, with specific provisions for source code protection and quality control requirements."

Document background
A Perpetual Copyright Licence is used when a copyright owner wishes to grant permanent, ongoing rights to use their intellectual property while retaining ownership. Under English and Welsh law, this document establishes the permanent relationship between the licensor and licensee, detailing usage rights, restrictions, and commercial terms. It's particularly useful for situations requiring long-term certainty of rights, such as software implementations, publishing arrangements, or media usage rights. The agreement provides security for the licensee while protecting the licensor's underlying ownership rights.
Suggested Sections

1. Parties: Identification and details of licensor and licensee

2. Background: Context of the agreement and ownership of copyright

3. Definitions: Key terms used throughout the agreement including Licensed Works, Intellectual Property Rights, and Territory

4. Grant of Licence: Scope and nature of the perpetual licence, including permitted uses and restrictions

5. Licence Fee: Payment terms and conditions for the perpetual licence

6. Warranties and Representations: Assurances regarding ownership and right to license the copyrighted works

7. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction

Optional Sections

1. Territory: Section defining geographic scope of licence when restrictions apply

2. Quality Control: Standards and requirements for using licensed material, including approval processes

3. Sub-licensing Rights: Terms and conditions for granting sub-licences to third parties

4. Moral Rights: Provisions regarding attribution and integrity of the work

5. Technical Requirements: Technical specifications and requirements for implementation of licensed material

Suggested Schedules

1. Schedule 1 - Licensed Works: Detailed description and inventory of all copyrighted works covered by the licence

2. Schedule 2 - Technical Specifications: Detailed technical requirements and specifications for licensed material

3. Schedule 3 - Usage Guidelines: Specific rules, guidelines and brand standards for using licensed material

4. Schedule 4 - Fee Schedule: Detailed breakdown of licence fees and payment terms if complex

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Copyright, Designs and Patents Act 1988: Primary UK legislation governing copyright protection, defining protected works, rights granted, duration, moral rights and permitted acts

Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014: Secondary legislation relating to personal use copying, though later declared invalid, remains relevant for understanding scope of copyright

Retained EU Copyright Law: EU-derived copyright provisions that remain part of UK law post-Brexit, including principles from the EU Copyright Directive

Law of Property (Miscellaneous Provisions) Act 1989: Governs formal requirements for creation of legal interests in property, including intellectual property

Competition Act 1998: Ensures licence terms comply with competition law and don't create unfair market restrictions

Enterprise Act 2002: Additional competition law considerations for copyright licensing arrangements

Consumer Rights Act 2015: Relevant when licence agreements involve consumers, ensuring fair terms and transparency

Berne Convention: International treaty setting minimum standards for copyright protection across signatory countries

WIPO Copyright Treaty: International agreement dealing with protection of works in digital environment

TRIPS Agreement: International agreement establishing minimum standards for intellectual property regulation in WTO members

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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