LICENSE BACK CLAUSE
If you create video, photographs or other media, you own those creations unless you sign a contract that states otherwise. If you are a production company or freelancer and you’re not asked to sign an agreement then you maintain all rights to the work your produce. If a client gives you a contract, ask if you can use your contract and send them this Standard Production Contract. If the client requires the use of their contract it will probably state that the client will own all the media produced under the contract. This is when you can use the “license back” clause. If you want, send the contract to your Nimia agent and they will help you, otherwise you can agree to use their contract but you need to have them add a license back clause to the contract. In media contracts a “license back” clause will allow you to maintain certain rights to the footage that you produced.
Example License Back Clause to Insert into Contract:
Client grants Producer a perpetual, worldwide, license to display Deliverables on Producer’s website and Producer’s account profiles at third party websites. Client grants Producer a perpetual, worldwide, sublicenseable, royalty free license to footage produced for the final work product.
The first clause allows you to display the final work product on your personal website and your accounts at places like Nimia or Vimeo or Youtube. The second clause allows you to license any footage produced for the final work product. If the client doesn’t agree to the second clause ask the client to agree to a non-exclusive license to footage that does not make it into the final work product ->
Client grants Producer a non-exclusive, perpetual, worldwide, sublicenseable, royalty free license to footage not used in the final work product.
Below are various different types of clauses with differing degrees of license back rights. It is recommended you talk with Nimia Legal before using the examples below because each clause offers a different degree of associated rights.
Example Clauses:
- Company grants Contractor a perpetual worldwide, sublicenseable, transferable, royalty free license to all media produced during the course of the contracted work.
- Company grants Contractor a non-exclusive, worldwide, sublicenseable, transferable, royalty free license to all media produced during the course of the contracted work.
- Company grants Contractor an exclusive, worldwide, sublicenseable, transferable, royalty free license to media that is not used in the final completed work.
- Company grants Contractor a non-exclusive, worldwide, sublicenseable, non-transferable, royalty free license to media that is not used in the final completed work.
- Company grants Contractor a non-exclusive, perpetual, worldwide, license to display Deliverables on Contractors’s website and Contractor’s account profiles at third party websites.
