Intellectual Property Licensing Agreements
Having a great invention, idea, or creation can be advantageous; however, it needs to be commercially protected. In doing so you also can assist in maintaining and releasing its value. Each copyright infringement lawyer at our firm understand the laws, rules, and complexities of patents, trademarks, and copyrights. Not only have we helped thousands of people register their intellectual property, but we have also guided them through the licensing process to ensure the commercialization of the idea is recorded in the most viable and appropriate manner, such as a licensing agreement. To learn more, please call Dale Jensen, PLC.
How a Charlottesville, VA Copyright Infringement Lawyer Can Assist You
Our intellectual property services are broad and include:
- Researching and filing for a patent, trademark, or copyright
- Drawing up confidentiality agreements for potential licensee’s
- Drafting license agreements
- Arbitrating or litigating breach of agreements or infringements
- Advise on relationships between parties involved
- Access your situation and recommend options that best protect your interests
Our team of copyright infringement lawyers has extensive experience in this area of law, but are also well versed in technical and practical issues which may be at the core foundation of your intellectual property. This knowledge sets us apart from other firms and can be an asset to your IP, your rights, and monetary interests.
What Is a Licensing Agreement?
A licensing agreement for any piece of intellectual property is a contract between the owner of a certain IP and another party. The owner (licensor) grants permission for the use of their IP to a party (licensee), as set forth by any provisions laid out in the contract. In return, the licensor will generally receive royalties, or an agreed to sum of money.
Benefits of Licensing Intellectual Property
There are many benefits to licensing your intellectual property, but not all agreements will result in a profitable or desirable outcome for the licensor. Prior to signing any legal agreement, you should first make sure the prospective licensee has the necessary resources, time, and dedication to take your IP to a new level. Once this is confirmed, advantages to licensing IP include:
– You avoid high manufacturing or distribution expenses
– You can get the most from your creation, invention, or idea
– Your product can be released to the public in a timely manner
– You reduce your risk against any potential losses
Licensing Tips to Keep in Mind
As a licensor, you will want an agreement that gives you valuable results now and in the future. Unfortunately, many licensors make mistakes which affect their IP and royalties. Consider these tips to help you make the right decisions:
– Avoid underestimating the capital or investment needed
– Don’t underestimate the true value of your IP
– Remember that this is your IP and it gives you some leverage
– Don’t sell in unauthorized channels
– FInd a licensee who understands your objectives
– Get advice from a copyright infringement lawyer
A Copyright Infringement Lawyer You Can Count On
Whether you already have registered your patent, trademark, or copyright, or are ready to get started, the lawyers at Dale Jensen, PLC can help. To schedule a consultation with a copyright infringement lawyer Charlottesville, VA clients recommend, call our office today.
When “Fair Use” of Copyrighted Material is Legal
Copyrights are an essential way for inventors, artists, musicians, businesses and performers to safeguard their work from infringement. When someone obtains a copyright for their material, this copyright gives the creator exclusive legal rights to use the material as they wish. However, there are some situations when the use of copyrighted material is legally justifiable. This is considered the “fair use” defense, and it’s important to know how your materials might be impacted by this doctrine. After you learn the basics, please do not hesitate to direct any questions you may have to an experienced Charlottesville, VA copyright infringement lawyer who can help you successfully navigate your unique circumstances.
“Fair Use” — A Quick Definition
The fundamental concept of the “fair use” provision is that the public can freely use small portions of a copyrighted material in situations when they are providing criticism or commentary on the subject. This doctrine applies most often to journalists, authors, researchers, parody performers, and for nonprofit educational purposes. While the person using the copyrighted material would likely be expected to cite their source somehow, the creator of the original copyrighted material would not generally have grounds to take action against this person for using the material.
For example, a writer who is penning a book review may be allowed to publish excerpts from the book in the review. If a newspaper is publishing an article about a local museum exhibit, the newspaper might publish some accompanying photographs of the exhibit. It’s likely that both the writer and the newspaper in these examples would first check with the copyright owners before publishing anything, but in both cases, these parties are providing relevant commentary on the copyrighted work. With that said, it can be difficult to know when the fair use doctrine applies and doesn’t apply. If you are concerned that your copyrighted work is being infringed upon, please speak with a Charlottesville, VA copyright infringement lawyer. It never hurts to ask!
Creation vs. Copying vs. Competing
This comparison is essential in determining whether the “fair use” argument is justified. If you’ve used a copyrighted material and claimed that you’re legally able to do so, an Charlottesville, VA copyright infringement lawyer would evaluate whether your piece was primarily your own creation or if it was primarily copied. In general, the more you take from the copyrighted material and put in your own work, the less you are able to claim “fair use.” To put it succinctly, if the copyrighted material is the most interesting part of your work — if your work would lose all value without the inclusion of the copyrighted work — you likely cannot cite the “fair use” provision.
Second, a Charlottesville, VA copyright infringement lawyer would examine whether your creation was directly competing with the other party’s copyrighted material. Without this party’s consent, you cannot claim “fair use” if your material somehow hurts the marketability of the previously copyrighted material.
Contact an Intellectual Property Lawyer Today
In a world where nearly anyone can create and publish materials online, it’s becoming more difficult for entrepreneurs and small businesses to know whether they’re abiding by all intellectual property laws — and that their own materials are being protected. Many businesses and individuals don’t pursue intellectual property enforcement simply because they aren’t sure how to get started. There are many intellectual property laws that apply to specific industries and specific products, so it’s recommended that you speak with an experienced Charlottesville, Virginia copyright infringement lawyer for necessary guidance. The legal team at Dale Jensen, PLC can help you acquire and manage patents, copyrights, trademarks, and other licensing needs.