If you create video, photographs or other media, you automatically own the rights to those creations, unless you sign a contract that states otherwise. So, if you are a production company or freelancer and are not asked to sign an agreement, you maintain all rights to the work your produce. If you asked to create a contract, consider using Nimia’s Standard Production Contract, which specifies that the producer of the content retains ownership rights. But, if the client requires the use of their contract, it is common for them to include a clause assigning copyright to the financier of the project, not the producer. To retain rights in this scenario, a license back clause is needed. Nimia’s legal team can advise you on where and how to add this clause, depending on the type of rights you would like to retain.

EXAMPLE CLAUSE USED IN A 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, sublicensable, 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.

EXAMPLE CLAUSES:

Below are various different clauses with differing degrees of license back rights.  We recommend consulting with your attorney or Nimia Legal before using the examples below because each clause offers a different degree of associated rights.

  • 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.

Interested in more in-depth legal consultation or support?  Nimia has a team of in-house attorneys specialized in management of intellectual property, including licensing and contracts, copyrights, trademarks, patents, and trade secrets. Contact [email protected] to get started.