Concept
License
Overview
A license (American English) or licence (Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue", because a license usually either permits the licensed party to engage in an illegal activity, and subject to prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work), which, without the license, the licensed party could be sued, civilly, criminally, or both.
In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee or proving a capability (or both). The requirement may also serve to keep the authorities informed on a type of activity, and to allow them to set conditions and limitations.
A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a patented invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor. A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor.
Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.
Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (Mexico/United States/Canada) would not permit a licensee any protection from actions for use in Kyrgyzstan.
Again, a shorthand definition of a license is "a promise by the licensor not to sue the licensee". That means without a license any use or exploitation of intellectual property by a third party would amount to copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so.
Intellectual property licensing plays a major role in business, academia and broadcasting. Business practices such as franchising, technology transfer, publication and character merchandising entirely depend on the licensing of intellectual property. Land licensing (proprietary licensing) and IP licensing.
Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).
In the original texts
Passages from public-domain books where License is discussed.
(B) The limitation set forth in subparagraph (A) of this paragraph shall not apply if- (i) the licensor has granted and there remain in effect licenses under section 106(6) for the public performance of sound recordings by means of digital audio transmission by at least 5 different interactive services; *Provided, however*, That each such license must be for a minimum of 10 percent of the copyrighted sound…
United States, Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92
names the idea; states what it is; opens on it
(2) Except as provided by clause (1), the royalty under a compulsory license shall be payable for every phonorecord made and distributed in accordance with the license. For this purpose, a phonorecord is considered "distributed" if the person exercising the compulsory license has voluntarily and permanently parted with its possession. With respect to each work embodied in the phonorecord, the royalty shall be either…
Library of Congress. Copyright Office, Copyright Law of the United States of America
names the idea; opens on it
Noting that the United States is a member of the Berne Convention and subscribes to its provisions, PETERS described the permissions process. She also defined compulsory licenses. A compulsory license, of which the United States has had a few, builds into the law the right to use a work subject to certain terms and conditions. In the international arena, however, the ability to use compulsory licenses is extremely…
Library of Congress, Workshop on Electronic Texts
names the idea
If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law.
Thomas Carlyle, Latter-Day Pamphlets
names the idea; states what it is
English affords, Say they, no height nor copy; a rude tongue, Since ’tis their native; but in Greek or Latin Their writs are rare, for thence true Poesy sprung; Though them (truth knows) they have but skill to chat in, Compar’d with that they might say in their own; Since thither th’ other’s full soul cannot make The ample transmigration to be shown In nature-loving Poesy; so the brake That those translators stick…
Homer, The Iliads of Homer Translated according to the Greek
names the idea; opens on it
Related ideas
- Intellectual property
- Anarchist communism
- American English
- Fiction
- Milton Friedman
- North America
- Copyright
Place in the tradition
Part of Political philosophy.