What is a licensing agreement?

A licensing agreement is when a person or company (the “licensee”) pays another person or company (the “licensor”) for the right to use their intellectual property (IP), such as music, artwork, or video. In a typical entertainment industry agreement, the licensor retains control over the IP, but grants rights to the licensee to use it as they wish. For example, a record label may license the rights to a song to a film studio, allowing the studio to use it in their movie. In California, all entertainment industry agreements need to be in writing in order to be legally binding. The agreement should specify license fees, scope and duration of rights granted, and other conditions, as well as any restrictions on the licensee’s use of the IP. When both parties agree to the terms and sign the agreement, the license becomes effective and the licensee can use the IP according to the terms of the agreement.

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