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Perpetual Copyright License Template for India

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Key Requirements PROMPT example:

Perpetual Copyright License

"I need a Perpetual Copyright License for a software application that we've developed, to be licensed to a multinational corporation with rights to modify the code and create derivative works, with the license to take effect from March 1, 2025."

Document background
The Perpetual Copyright License is a crucial legal instrument used when parties seek to establish a permanent, ongoing right to use copyrighted material without the need for renewal or renegotiation. This document is particularly valuable in situations requiring long-term certainty in intellectual property rights, such as core business operations, software integration, or permanent content licensing arrangements. Governed by Indian law, specifically the Copyright Act 1957 and the Copyright Rules 2013, the agreement provides comprehensive coverage of usage rights, obligations, and protections for both parties. It's commonly used in technology transfers, content licensing, software deployment, and media rights management, where the licensee requires assured, uninterrupted access to the copyrighted material. The document includes essential elements such as scope of use, territory restrictions, quality control measures, and specific provisions for protecting the underlying intellectual property rights while maintaining the perpetual nature of the license.
Suggested Sections

1. Parties: Identification of the licensor (copyright owner) and licensee with full legal names and addresses

2. Background: Context of the agreement, description of the copyrighted work, and confirmation of ownership

3. Definitions: Definitions of key terms including 'Licensed Work', 'Intellectual Property Rights', 'Territory', and 'Perpetual Period'

4. Grant of License: Explicit grant of perpetual, non-revocable license including scope, territory, and permitted uses

5. License Fee: One-time payment terms or structured payment schedule for the perpetual license

6. Licensor Warranties: Warranties regarding ownership, right to license, non-infringement, and validity of copyright

7. Licensee Obligations: Obligations regarding use of the work, quality control, and attribution requirements

8. Intellectual Property Protection: Provisions for protecting the copyright and handling infringement by third parties

9. Indemnification: Mutual indemnification obligations for breach of warranties or misuse of licensed work

10. Term and Termination: Confirmation of perpetual nature and limited circumstances for termination (e.g., material breach)

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. Boilerplate Provisions: Standard clauses including notices, entire agreement, and severability

Optional Sections

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Moral Rights: Include for creative works where moral rights are relevant and require specific handling

3. Quality Control: Include for licenses where maintaining quality standards is crucial (e.g., branded content)

4. Territory Restrictions: Include when license is restricted to specific geographic territories

5. Improvements and Derivatives: Include when addressing ownership and rights regarding modifications to the licensed work

6. Assignment Rights: Include when either party may need to assign their rights under the license

7. Royalty Reporting: Include if there are ongoing royalty payments despite perpetual nature

8. Source Code Escrow: Include for software-related copyright licenses

Suggested Schedules

1. Schedule 1 - Licensed Work: Detailed description and specification of the copyrighted work being licensed

2. Schedule 2 - License Fee Structure: Detailed breakdown of payment terms and schedule if complex payment structure

3. Schedule 3 - Technical Specifications: Technical details or specifications relevant to the licensed work

4. Schedule 4 - Usage Guidelines: Specific guidelines for using the licensed work, including attribution requirements

5. Schedule 5 - Territory Definition: Detailed description of geographic territories if license is territory-specific

6. Appendix A - Copyright Registration Details: Copies of copyright registration certificates and documentation

7. Appendix B - Prior Licenses: Details of any existing licenses that may affect the perpetual license

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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Relevant Teams

Legal

Intellectual Property

Business Development

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Licensing

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Relevant Roles

Legal Counsel

Intellectual Property Manager

Copyright Officer

Licensing Manager

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Software Licensing Manager

Media Rights Manager

Chief Technology Officer

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Industries






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