Use Agreements

Sample Use Agreement

[Name of licensing entity] ("Licensor") is the owner of the copyrights [if other rights are involved, specify] in the works [names and descriptions of works - see checklist below] authored by [name of author(s)] (the "Works"). [Your name] ("Licensee") wants to use the Works in a [describe proposed use/project - see checklist below] ("Project").

For valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree:

1. Licensor grants to Licensee the worldwide [or other geographical territory], non-exclusive right to reproduce and distribute the Works within the Project as described in this Agreement.
2. Licensee shall pay Licensor [flat fee/price per copy/other arrangement] upon [timing of payment]; OR
3. Based upon the educational nature of the Licensee's use, Licensor waives any fees or royalties for use of the Works solely in connection with the Project.
4. Licensor warrants that it owns the copyrights [or other rights described above] in the Works and has the authority to enter this Agreement; OR
5. Licensor warrants that it represents [name or entity] ("Owner"), who/which is the owner of the copyrights in the Works and that Licensor has the authority to enter this Agreement on behalf of the Owner.
6. Licensee shall include the following copyright notice and/or credit line on all copies of the Works: __________________________

LICENSOR

By:_________________________

Name:______________________

Title:________________________

Date:________________________

LICENSEE

By:_________________________

Name:______________________

Title:________________________

Date:________________________

Request and Use Agreement Checklist

Use this checklist to add items to the license and to more accurately and fully describe both the works you wish to copy and your intended use of the works. The more thorough your descriptions, the faster your request is likely to be processed.

Works to be used:

___ Author/Photographer/Artist

___ Title

___ Name of publication where found (if applicable, ISSN number, ISBN number, catalog number, volume, issue, date, URL if a web site)

___ Number of pages to be used

Your Project:

___ Describe general nature of your project

___ Purpose of the use (e.g. commercial/educational)

___ Where the work will appear (ex: book, article, classroom handout or lecture, journal, circular, newsletter, newspaper, magazine, website, computer program, electronic forum, audiovisual program, radio, television, etc.)

___ Will the work be published? If so, when, where, and how often? How long will the work be accessible? If the work is strictly for classroom purposes, but you believe the fair use requirements do not apply, describe the educational purpose, the size of the class and the reason for the project.

___ How many copies of the work will be made? If on a website, approximately how many visitors are expected? Describe any protections you will have in place against free copying of the work (e.g. user name and password protection? Watermarking? Copying technologically prohibited?). You should not post a copy of the works on your website unless the licensor specifically allows it.

___ Do you seek permission for the current edition of the project, future projects, English language/foreign language editions, in "all media now known or hereafter invented," in promotional materials used in connection with the project, for derivative works of your project (e.g. converting it from a text version to a digital version)?

___ Will the project generate income/fees and if so, how much? Is the money from the copies or from general admission or other means?

Page Updated 05/20/14