•Licensing is the means by which artists authorize others to use
their creative works in exchange for fees or royalties. There are many
ways that people want and need to use creative works, including on products,
in film, on television, in music videos, in books, in magazines, for
multimedia, and for wireless products.
• A licensing agreement is a contract between the Licensor and
the Licensee/Agent that defines the rights and royalties concerning
the use(s) of a particular artistic property by a manufacturer, publisher,
advertiser, and others.
• The Licensor (creator, artist) who owns property (art) and grants
the license.
• An Agent who is appointed by the Licensor to handle licensing
rights, negotiations and other aspects of the licensing agreement.
• The Licensee who obtains the license and produces a product
or service using the licensed work (art).
• The Licensee and Oliver Licensing Center work out the terms
of an agreement to permit the Licensee to use a character or artistic
image on the Licensee’s product or service.
• The Licensee agrees to pay the Licensor a flat fee or royalty
for the usage rights. The fee or royalty rate will depend on the scope
of the use and distribution.
• Are there any intended future uses, and if so, what will they
be?
• What is the anticipated duration of the license?
• What is the nature of the work/product as a whole that incorporates
the image?
• Will the entire artwork or a part of the artwork be used?
• What type of organization intends to use the work? Is it a commercial
enterprise or a non-profit organization?
• What are the Licensee’s gross and net revenues (if any)
from the use/product expected to be?
• Where will the work be used?
• What is the scope of the rights licensed?
• How many units of the product will be manufactured?
• Will the artwork be featured in any advertising or promotional
materials?
• Will the artwork appear on the Internet?
• How will the Licensor/Artist be given credit (where appropriate)?
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Licensing Industry Merchandiser’s Association (LIMA) www.licensing.org
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License! www.licensemag.com
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Licensingpages.com www.licensingpages.com
