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With a license, you receive permission to use a work within certain limits; with a copyright transfer, you become the owner of the right. A license is therefore limited and conditional, whereas a transfer is full and permanent. The difference determines what you may do with a photo, text, or software.
What is a license?
A license is permission from the rights holder to use their work, subject to conditions. These conditions determine what you are allowed to do: for what purpose, for how long, in which territory, and in what manner. For example, a photo license for your website does not mean that you may edit the photo or use it in an advertising brochure. You are infringing outside the terms of the license.
What is a copyright transfer?
In the event of a transfer, the copyright itself passes to another party, who thereby becomes the new rights holder. A deed (a written document) is required for the transfer of copyright. After the transfer, the original creator can, in principle, no longer use the work freely; you can.
Exclusive or not, and the boundaries
A license can be exclusive (only you may use it) or non-exclusive (others may too). Pay close attention to the scope: duration, geographical area, applications, and whether editing is permitted. If in doubt, you may be allowed less than you think; in that case, ask for an extension of the license.
What do you need?
If you want to be certain that you can use a work fully and permanently — for example, a logo or custom software — choose a transfer (with a deed) or a broad, exclusive license. For occasional use, a defined license is often sufficient.
Frequently Asked Questions
Am I allowed to edit a licensed photo?
Only if the license permits it. A standard usage license often does not grant the right to adaptation or use in other publications.
Do I need a deed for a transfer?
Yes. The transfer of copyright requires a written deed. A license can be less formal, but record it in writing as well.
What is better: a license or a transfer?
For full and permanent use, a transfer or broad exclusive license; for limited use, a delimited license.
Get copyright sorted out properly?
Our legal experts draft a license agreement or deed of transfer. View our copyrightteam or schedule a free consultation.
