Following on from its popular licensing seminar, the GCA has announced special rates on a range of
Following on from its popular licensing seminar, the GCA has announced special rates on a range of template licensing agreements through IP specialist law firm Briffa.
“I’m really delighted that members now have access to these very special fixed rates,” said Sharon Little Chief Executive of the GCA, “as the agreements are templates, they’re not only cost effective, but are able to be used again and again.”
The templates are aimed at smaller publishers and include a freelancer agreement for commissioning artists, two types of copyright assignment agreements and agreements for licensing artwork in and licensing out, with costs ranging from £160 (reduced from £200) to £700 (reduced from £900).
The template agreements comprise:
1. A freelancer agreement for commissioning artists to create designs for £250 +VAT (usually £320+VAT).
2a A basic assignment agreement in relation to work that has already been created, with no warranties for £160 +VAT (usually £200+ VAT)
2b An assignment agreement in relation to work that has already been created, with warranties for £250 +VAT (usually £320+VAT).
3. A Licensing agreement for licensing work out to other parties, covering rights to subcontract, royalties, termination, quality control, minimums if an exclusive license for £650 +VAT (usually £800 +VAT) See details below.
4. License in from artists/brands with explanatory notes, covering royalty payments, creative control, rights to sub-contract etc for £700 +VAT (usually £900 +VAT). See details below.
These are fixed fees for customised template agreements for repeated use. See further details below.
Briffa can also set a fixed fee for a review of a license agreement which you are presented with. The fixed fee is based on the time spent to review and make the changes to the other side’s agreement. This fixed fee means that if it takes longer than anticipated to do the work Briffa says is covered by the fixed fee, then they won’t charge more than the amount set. If you have a license agreement you would like reviewed, email it through to Megan O’Callaghan for a quote.
License out of work by greeting card publishers – fixed fee of £650 +VAT
This agreement covers:
- The intellectual property that you are licensing to a third party – this could be images, text or trade marks.
- The products on which you are authorising your licensee to use the works
- The territory in which the licensee is authorised to sell the products
- Whether it is an exclusive or non-exclusive agreement and, if an exclusive license, the minimum royalties payable.
- The duration of the license and termination provisions – whether this will be on notice, for failure to meet the minimums or a material breach which is not remedied within a set time frame and rights to terminate in the event of insolvency/bankruptcy
- Approval and sign-off procedure so that you as the licensor can ensure that the products meet the standard of quality you want to be associated with your intellectual property
- Payment provisions including defining how royalties are calculated and when they are payable, and obligations on the licensee to keep accurate accounts showing the royalties payable and allow you to carry out an audit of their accounts
- Whether your licensee has a right to grant sub-licenses to manufacturers or other parties of the rights granted to them by you and if so, obligations on the licensee to ensure that the same provisions as in your agreement with them apply
The fixed fee covers Briffa’s time for drafting the agreements tailored to member’s requirements and making any required changes to make it ready to present it to the member’s licensee or the licensor.
License in from artists/brands with explanatory notes – fixed fee of £700 +VAT
This agreement covers:
- The intellectual property for which you are taking a license – images, text, characters or other works for which you are obtaining the rights
- The products for which the licensor is granting you permission
- Whether it is an exclusive or non-exclusive agreement
- The term of the license and termination provisions – whether this will be on notice by either party or for a material breach which is not remedied and rights to terminate in the event of insolvency/bankruptcy
- Payment provisions including defining how royalties are calculated and when they are payable, and the information you are required to provide to your licensor about the numbers of products you have sold and royalties payable and how often you have to provide those details
- Acceptance and change control procedures setting out a process for the licensor to right to sign off the products and what time frames apply
- Warranties from the licensor regarding the work being licensed – generally these would include warranties that they own the rights or if not, have the right to license the rights to you, that the work is their original work and that the work and your use of it will not infringe any rights of third parties.
- Indemnity setting out the licensor’s obligation to compensate you if the warranties are breached
- Your rights to sub-license for the production of some of the products
This agreement is aimed at smaller publishers needing a cost effective agreement.
The agreements will be drafted in a way that they can be used as templates which will help you ensure you have the correct paperwork in place when taking a license of other properties from a third party or if licensing out your own work, keeping control of what your licensees are doing.