China IP Law Firm - Intellectual Property Law Only

Copyright Licensing

2017-01-10T17:58:51+00:00

Under Chinese law, a copyright license agreement is an agreement by which the owner of the copyright grants another individual the right to exercise the owner’s rights. This agreement gives the licensee the rights to use copyrighted work as specified in the agreement, which must contain all of the essentials of a valid agreement for it to be enforceable. As experienced China copyright lawyer, we frequently represent international clients in their copyright and software licensing matters in China.

When we create something — let’s say a photograph — we own the copyright, which is our exclusive right as the author to own that work. We control who else can use our work and in what manner. For example, I could allow someone to print my photograph or adapt it in a piece of art. Rather than establishing verbal agreements, I can distribute my work with a license that sets the guidelines for use. The things that are copyrighted are sometimes referred to as “intellectual property.”

What is Copyright Licensing

Licenses are granted by an authority to allow a usage; in many cases, the use and distribution of resources by the copyright owner . You may decide to offer your photograph for free or charge a price; either way, you can include a license to limit usage, and you maintain the copyright. Just because someone pays money doesn’t mean they have full control or rights to what they’re buying. Licenses can dictate the number or uses, the bounds of use and even the length of time until the license expires.

China IP Law Firm’s attorneys have negotiated and drafted license agreements in the publishing, web content, video game, movie, and music industries, and our attorneys understand the key negotiation points and provisions involved in copyright licensing.

Moreover, under work for hire, the employer holds the copyright, not the author or creative; in many cases, this is a company, such as a creative agency, or its client by contractual agreement. In such cases, the creator retains moral rights to their work, including the right of attribution. This is partly why published articles refer to the author, although moral rights can include anonymity.

Copyright laws are incredibly complex, but this should be a good start. Copyrights take on a variety of forms, including literary works, musical works, and graphic works. Copyrights also grant the copyright holder a variety of rights, including the right to produce the work, distribute the work, or sell the work. When a copyright holder licenses those rights to someone else, they may have granted a copyright license to the user.

Copyright License Agreement

However, the copyright holder may not want to give the buyer with the holder’s copyright. A copyright license agreement can grant the end-user certain rights to use the copyright, and it can further define the outer limits of that use. For instance, a copyright license agreement may allow end-users to back-up the copyrighted work on their computer, if the work involves software.

The digital revolution is a double-edged sword: On the one hand, the internet provides nearly unlimited exposure for their work. On the other hand, copyrighted material can be downloaded for the cost of an internet connection. China IP Law Firm has been actively and intensively involved in a wide variety of licensing and transactional matters relating to all types of intellectual property. Our attorneys have licensing experience from a variety of legal, business and technical backgrounds and who are proficient in negotiating, drafting and conducting procedures for recordal of assignment/license agreements of all forms of intellectual property including patents, utility models, trademarks, industrial designs, copyrights as well as technology transfer agreements.

Copyright Licensing Practice

China IP Law Firm regularly draft and negotiate intellectual-property agreements involving the licensing, assignment and protection of their clients' patents, trademarks and copyrights. China IP Law Firm has negotiated copyright licenses and related documentation on the behalf of multiple corporate entities within the United States. If requested, our firm will play a role in such negotiations.

Such copyright agreements often include:

Copyright license agreements which grant a third-party the exclusive or non-exclusive right to use, distribute, sell, manufacture, copy, or create the copyrights of another party;
Copyright assignment agreements which assign a third-party any or all of the multiple rights owned by a copyright holder;
Copyright-related cross-licensing agreements;
Confidentiality agreements and protective orders;
Any of the multiple other intellectual property-related licensing and transfer-related agreements that may be required as a result of the type of business transactions that frequently arise in today's economy;
Content Licensing and Publishing Contracts;
Service Provider Agreements;
E-book Terms of Service;
Training, Consulting, and Speaking Contracts;
Internet and Blog Law Advice;
Copyright Law;
Copyright transactions and licensing.

The firm's copyright lawyers have experience handling a wide variety of transactional and licensing matters involving all types of copyright issues in a wide range of businesses. Their copyright experience includes:

licensing
ownership agreements
assignments
due diligence
mergers and acquisitions
IPOs
joint ventures
employment and consulting contracts
confidentiality agreements
Software licensing, e-commerce and open source

Software licensing and maintenance is fundamental to doing business in today's economy both for the developer of software and for end users. Acquiring and using the proper software tools entails a host of legal issues, which China IP Law Firm intellectual property lawyers are well-equipped to handle.

China IP Law Firm team reviews, advises and negotiates a wide variety of agreements, including software development agreements, software licenses (both as licensor and licensee), maintenance and support contracts, joint ventures, and domestic and international distribution agreements.

Since nearly all of today's business is conducted over the Internet, we also advise on e-commerce matters such as preparing terms and conditions, drafting privacy policies, and advising on applicable China and foreign legislation. The firm's copyright lawyers also help clients develop open-source policies, counsel and negotiate on licensing matters and assess the implications of open-source in proprietary environments.

Software Licensing

2016-12-11T09:40:58+00:00

Software licensing

Having worked in the Information Technology sector for 15 years, our China intellectual property lawyer has an intimate knowledge with the areas of concern facing those that have a web site, a product, or an idea that needs to be licensed. She can help you work through the problems faced with using open-source verses proprietary software.

Our lawyers are experts in all types of software licensing and SaaS issues: License Agreements Whether its drafting a clickwrap or a 80 page master with a Fortune 500 client, Our Firm has negotiated every type of software agreement out there.

Our software licensing lawyers negotiated billions of dollars in software licensing and technology transactions - for both licensors and licensee and for standard OTS software terms or true custom development projects.

Focus on Software Licensing

At China IP Law Firm, we concentrate a large portion of our practice on software licensing. For many startup companies, software is the company’s largest investment. To prosper, the license must be right. A company needs value for its software, but cannot give away important rights. We have a long history of helping startups license their software to large world-wide companies.

Such large organizations have teams of highly skilled individuals who seek to ensure their company receives the best possible license terms. Legitimate, reasonable needs of the startup are frequently overlooked. We know how to deal with the purchasing and legal departments of such large companies. We ensure our clients get a contract that provides value without giving up important rights. We’ve also helped large companies license software for their use. We understand the needs of both sides in a license agreement. This enables us to get the best possible deal for our clients.

We’ve developed software licenses to fit any situation, including:

Complex licenses for software installed on the customers’ servers;
Hosted software solutions that customers access through the web;
Software As A Service (SAAS) contracts; and
Relatively simple licenses for apps that consumers can easily down load to their mobile device.

All software licenses contain certain basic standard terms. To help understand these terms, see our blog post, Proprietary Software Licenses Basics. It also helps to know:

What is commercially reasonable in a software license.
What terms can be compromised.
Where compromise is difficult or impossible.
What rights a startup company licensing software must retain in order to ensure it continues to grow.

We can help with all of this. While there are basic standard terms in every software license, such terms must be customized to fit each individual situation. There is not a “one size fits all” software license agreement. We ensure that our clients:

Understand the terms, rights, obligations, and the impact of all the terms in a software license.
Receive the best possible terms in a software license.

Here’s an example of how we can help. Your software’s functionality may be far superior to any other. A large company wants to license, but is concerned. The software needs to be maintained. Startups are not always successful. Even those that provide outstanding software, may not be around to provide maintenance services. The large company’s solution is to have access to the source code. This way its team could maintain the software. Of course, this solution is not in the interest of the software company. It should not provide its source code to the large company. We know how to resolve this conundrum, and ensure the startup gets the license. The solution is to simply put the source code in escrow. The escrow agreement will provide that the customer may access the source code if the software company fails to provide the maintenance services. This solution resolves the large company’s needs, but protects the rights of the startup.

Licenses for apps are generally not negotiated. These are presented to a customer on a “click accept” basis. Despite this, it is important that an app license contain commercially reasonable terms. If the license is not commercially reasonable, a court may not enforce even those terms that are reasonable. It is also critical an app license protect the owner’s interests. Every app is different. It is important that terms are customized to fit your individual situation. Our licenses for apps have been accepted and downloaded thousands of times. We know how to provide commercially reasonable enforceable licenses for apps that protect the owner’s interests.

If you need help or have questions about software licenses, contact our China software license lawyer.

Our lawyers learned the nuances of software licensing - helping innovative tech companies at all stages of growth and with all types of software and technology. Put true Valley expertise to work for you. We are avid technologists and technology consumers. We think its important to speak the same languages as programmers and developers and thus have ensured we have a strong grasp of all things that go into product development.

Whether its drafting a tailored license agreement form for your new product to negotiating a $100M bet-the-company licensing deal, we know all the software licensing issues and have negotiated great outcomes for all clients.

Example transactions of our software licensing lawyers:

Negotiated numerous licensing and technology agreements for and against parties
Software Licensing Large Company: Counseled public health care software provider in strategic transactions, including in-licenses of value-added products to create a broader and more integrated customer solution + significantly increase marginal revenues on existing software solutions.
Medical Software Licensing Attorney: Advised client in creation and implementation of off-shore development center business model generating more than $10M in additional annual revenue from an existing client relationship.
E-commerce Software Attorney: Advised a security and DRM software company in implementing a new preferred customer program offering that allowed for renegotiation of existing contracts to decrease liability exposure while also increasing revenue.
Cyber Security Software Attorney: Negotiated strategic licensing arrangements with a global digital signal processing and semiconductor company to seed the market with client’s software and allow multi-million dollar up-sell opportunities for client’s sales team.
Custom Software Development: Represented a large financial services public company on licensing of financial decision making products, and purchase of network infrastructure from a leading hardware and software technology provider.

Why work with out China software licensing lawyer

Growth Focus: Whether its helping a startup launch or a large client grow its revenue - Our Firm is focused on helping your business grow and expand.
Low Fees: We offer flexible and low cost billing models - from flat fees to low hourly rates. With Our Firm you get big firm experienced at low rates.
Experience: Our attorneys provide industry/practice area expertise that rivals any large firm at a fraction of the rates - that's the Our Firm edge.
One-On-One: Unlike large firms, we don't have multiple levels of attorneys you interact with. You work with a partner at all stages of your project.
Client Focus: We truly get to know each client's business and strive to become a trusted partner in all things that they do. Our goal is provide value at all stages.
Client Love: Time and time again our clients tell us that they are amazed at the value we provide and how we have changed the way that they view a a law firm.
Network: At Our Firm we work with professional, technical and management experts across industries and connect our clients to people who can help.
Trust: Clients trust Our Firm with projects ranging from multi-million dollar sales transactions to strategic positioning for exits and everything in between.