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Contract Lingo: Licensing and Transfer of Rights

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#1
Cartisan Maps

Cartisan Maps

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I'm trying to become more familar with licensing language in order to incorporate some of it into our contracts (thereby moving away from our usual work-for-hire agreements). I've been researching in a few books and online. Could anyone provide some illumination or confirm my thoughts on these terms:

Category of Use Rights: Plainly said, "how it will be used"..? For example, printed in such and such textbook, or used online at this website?
Edition / Version Rights: Rights to edit/update?
Derivative Work Rights: Rights for the client to use the basemap to create an entirely different map?
Performance Rights: Right to dress up in our map and dance around? Or could this apply to the ability to use a map within a video production (movie, tv commercial, etc)?

Thanks much,

Brody.
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#2
Hans van der Maarel

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I'm a very big supporter of writing contracts in clear, everyday language. Down with Legalese, I say. Chances that it will ever happen are pretty slim though... :(

Here's my take on it (although I'm not a lawyer at all, so use with caution...)
  • Category of Use Rights I think you've nailed this one.
  • Edition / Version Rights Perhaps this means something more along the lines of: "client is entitled to version x of this map, but not to any future versions produced by company Y".
  • Derivative Work Rights Pretty much correct. If a client gets full derivative work rights, they can use it as a basis for pretty much anything they want.
  • Performance Rights You've got me beat here... Video-use would fall under category of use, imho. Perhaps this is aimed towards using the map in a live acting environment (theatre?)

Hans van der Maarel - Cartotalk Editor
Red Geographics
Email: hans@redgeographics.com / Twitter: @redgeographics

#3
Cartisan Maps

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I'm a very big supporter of writing contracts in clear, everyday language. Down with Legalese, I say. Chances that it will ever happen are pretty slim though... :(


Yeah, it would be great if the legal side could disappear, and we could do our business by a simple handshake and a look in the eye. But until then, hopefully I can understand enough of the legalese so it doesn't come back to bite me.

Brody.
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