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Exclusive license; Non-exclusive license; The first two, assignment and exclusive licenses, require the transfer to be in writing. Nonexclusive licenses need not be in writing and they may be implied by the circumstances. Transfers of copyright always involve one or more of the exclusive rights of copyright. For instance, a license may provide ...
While fair use in the United States is popularly understood as the only limitation to an author's exclusive rights, it is only one of several important limitations. Section 106 of the U.S. copyright law, which defines the exclusive rights in copyrighted works , is subject to sections 107 through 122 , which limit the copyright holder's ...
Patent license agreements may also be exclusive (i.e., the licensee is the only person or entity that is allowed to sell, make, use, offer to sell, or import the patented invention) or non-exclusive (i.e., the licensee is simply one of several entities who has rights under the patent). [8]
For that purpose, ownership in copyright includes exclusive licenses of rights. Thus, exclusive licenses, to be effective, must be granted in a written instrument signed by the grantor. No special form of transfer or grant is required. A simple document that identifies the work involved and the rights being granted is sufficient. Non-exclusive ...
In 2008, the Ninth US Circuit held that a non-exclusive license to use copyrighted material can be granted by implied license, but not an exclusive license. Further, if the creator has received consideration for the work, the non-exclusive grant is irrevocable. [4] In Drabble (Harold) Ltd v.
The assumption that this practice is a condition for publication is misleading, since even works that are in the public domain can be repurposed, printed, and disseminated by publishers. Authors can instead grant a simple non-exclusive license to publish that fulfils the same criteria.
This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license—or decline to license—to others. Under UK patent law, a compulsory license is different from a statutory license.
The license is non-exclusive, royalty-free, and unrestricted in terms of territory and duration, so it is irrevocable, unless a new license is granted by the author after the work has been significantly modified. Any use of the work that is not covered by other copyright rules triggers the public license.