What a copyright licence actually is
A licence is permission — you keep ownership and grant defined rights to use the work. An assignment transfers ownership outright. Parties confuse the two constantly, and the confusion surfaces years later when a "buyer" discovers they only rented the rights, or a creator discovers they sold them.
Under the Copyright Act, exclusive licences and assignments must be in writing. Beyond that formality, a well-drafted licence answers the questions a handshake never does: which uses, which media, which territory, for how long, for what payment, and who can enforce against infringers.
Common licensing situations
- —A creator is licensing photography, video or music to a brand for a campaign.
- —A business wants exclusive rights to commissioned content without buying it outright.
- —A software company is structuring licence terms for customers or resellers.
- —A publisher or platform needs rights cleared across territories and media.
- —A brand wants to reuse influencer content in paid advertising.
- —An existing licence is being breached — uses beyond scope, territory or term.
The clauses that decide disputes
- Scope: exactly which uses, media and formats are permitted
- Territory: Canada only, North America, or worldwide
- Exclusivity: exclusive, sole or non-exclusive — and at what price
- Term and termination: how long, and what happens to existing uses after
- Payment: flat fee, royalties, minimum guarantees, audit rights
- Enforcement: who pursues infringers and who controls settlement
How a licensing matter typically proceeds
STAGE 1
Deal framing
The commercial goal is defined first: revenue model, exclusivity appetite, territories and what you must keep.
STAGE 2
Rights confirmation
Ownership and chain of title are verified — you can only license what you demonstrably own.
STAGE 3
Drafting & negotiation
Terms are drafted and negotiated, with the risk clauses — scope, term, termination — given the most attention.
STAGE 4
Administration
Executed agreements, renewal dates and royalty obligations are tracked so the licence keeps earning.
Copyright Licensing FAQs
Exclusive licences and assignments must be in writing under the Copyright Act. Non-exclusive licences can arise informally — but proving their scope later is difficult, so writing is strongly advisable in every commercially meaningful arrangement.
Negotiating a licence — or wishing you had one?
Describe the work, the parties and the deal on the table. Your matter will be reviewed to determine appropriate next steps.