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Different types of licenses: which license do you need?

A license gives you the right to use something to which someone else holds rights — software, a photo, a video, a font, or an invention. There are different types of licenses, which differ in exclusivity and...

Published on September 24, 2024 by MKBjuristen.nl
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A license gives you the right to use something to which someone else holds rights — software, a photo, a video, a font, or an invention. There are different types of licenses, which differ in exclusivity and scope. Which one you need depends on what and how you want to use it.

What is a license?

With a license agreement, the rights holder grants you permission to use their intellectual property — such as copyright or a patent — within certain limits. You do not become the owner, but receive a right of use. You often need a license for software, images, music, and even fonts.

Exclusive or non-exclusive

An important distinction is exclusivity. With an exclusive license, only you may use the work; the rights holder grants the right to no one else (and sometimes not even to themselves). With a non-exclusive license, the rights holder may also grant the same rights to others. An exclusive license is more valuable, but usually more expensive.

The scope of use

Licenses also differ in scope: for what purpose, territory, and period may you use it, and on how many devices or by how many users? Are you allowed to edit it, and may you grant sublicenses to others? A photo license for your website is different from a license to use the same photo in advertising.

Which license do you need?

First determine what you want: occasional use for a single purpose, or broad and long-term use? For the latter, you need a broad or exclusive license, or even a transfer of rights. Read the license terms carefully, as use outside the license constitutes infringement. If in doubt, legal advice is advisable.

Frequently Asked Questions

What is the difference between an exclusive and a non-exclusive license?

With an exclusive license, only you may use the work; with a non-exclusive license, the rights holder may also grant it to others.

May I use licensed material anywhere?

Only within the scope of the license: the purpose, territory, period, and permitted uses. Outside of that, you are infringing.

Do I need a license for a font?

Often, yes. Copyright can also apply to fonts; check the license terms for their use.

Arranging the right license?

Our legal experts draft or review custom license agreements . View our IP team or schedule a free consultation .

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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