In short
A copyright licence agreement grants a third party permission to use copyright material — software, written content, images, music, designs — for defined purposes, without assigning ownership. It should address the scope and exclusivity of the licence, whether it's revocable, and moral rights, which under the Copyright Act 1968 (Cth) belong to the individual creator and generally can't be assigned even where the copyright itself is licensed or transferred.
Licence versus assignment
Licensing copyright material grants a right to use it under specified conditions while the licensor retains ownership; assigning it transfers ownership outright. Businesses often default to asking for an assignment when a licence would achieve their commercial purpose with less friction and cost, particularly for content like stock imagery, music or one-off use of a photograph, where the creator has a legitimate interest in reusing or relicensing the same work elsewhere.
Scope, exclusivity and permitted use
We define exactly what the licensee can do with the material — for what purposes, in what territory, for what duration, and whether the licence is exclusive or non-exclusive. Common ambiguities we resolve upfront include whether use extends to social media and digital platforms, whether the licensee can modify or create derivative works, and whether the licence covers all future editions or versions of a product using the material.
Moral rights
Under the Copyright Act 1968 (Cth), individual creators hold moral rights — the right of attribution, the right against false attribution, and the right of integrity of authorship (protection against derogatory treatment of the work) — which exist independently of copyright ownership and cannot be assigned, even if the underlying copyright is. A licence agreement can only include a consent to specific acts that might otherwise infringe moral rights (for example, using the work without attribution, or altering it for a particular format), and that consent needs to be given by the individual creator, not just a company that commissioned the work. We draft moral rights consents narrowly and specifically, rather than as a blanket waiver, both because the Act requires genuine informed consent and because overreaching consents are more likely to be challenged.
Revocability and termination
We specify whether the licence is perpetual or fixed-term, and revocable or irrevocable — a licensor granting a long-term or perpetual licence should think carefully about whether they want an ongoing right to terminate for breach (such as unauthorised sublicensing or use outside the agreed scope) or whether the commercial relationship calls for a truly irrevocable grant, which is harder to unwind if the relationship sours.
Sub-licensing and third-party use
Unless expressly permitted, a licensee shouldn't be able to sublicense the material to third parties — this is a common gap that lets licensed content end up in the hands of parties the original licensor never agreed to deal with, and undermines the licensor's ability to control the material's use and reputation.
Payment structure
Copyright licences can be a one-off fee, a royalty tied to usage or sales, or a recurring licence fee for ongoing access. We tie the payment structure to how the material is actually being commercialised so the licensor's compensation scales appropriately if the licensee's use of the work expands.
What the fixed fee covers
- Copyright licence agreement covering scope, exclusivity and permitted use
- Moral rights consent clauses specific to the individual creator's rights
- Sub-licensing and third-party use restrictions
- Revocability and termination provisions
- Payment structure aligned to your commercial arrangement
- Review to confirm the licence doesn't inadvertently require an assignment
Mistakes we see
- Assuming a company can grant moral rights consent on behalf of an individual creator it commissioned
- Using an assignment where a licence would meet the commercial purpose with less cost and friction
- No restriction on sub-licensing, allowing content to end up with unintended third parties
- Ambiguity over whether the licence covers digital and social media use
- Granting a perpetual, irrevocable licence without considering how hard it is to unwind later
Who this is for
- Businesses licensing content, software, images or designs to or from third parties
- Publishers, media businesses and marketing agencies using commissioned or acquired content
- Creators licensing their own work for commercial use
- Businesses commissioning creative work and needing clarity on usage rights
Frequently asked questions
- Can we get the creator to waive their moral rights entirely?
- Moral rights can't be assigned, but an individual creator can provide informed, specific consent to acts that would otherwise infringe them — such as using work without attribution in a particular context. A broad, undefined waiver is both legally weaker and more likely to be challenged than a narrow, specific consent tied to the actual intended use.
- Do we need a licence agreement for content bought from a stock library?
- Stock libraries generally provide their own standard licence terms, but for higher-value or extended use — particularly commercial campaigns, product packaging or exclusive use — it's worth reviewing whether those standard terms actually cover your intended use, since exceeding a stock licence's scope is a common and often overlooked infringement risk.
- What's the difference between exclusive and non-exclusive copyright licences?
- An exclusive licence means only the licensee (and generally not even the licensor) can use the material for the licensed purpose; a non-exclusive licence allows the licensor to grant the same rights to multiple parties simultaneously. Exclusive licences typically command a higher fee given the restriction on the licensor's own use.
- Can we terminate a licence if the licensee uses the material outside the agreed scope?
- Yes, provided the agreement is drafted with a clear breach and termination mechanism — this is exactly the scenario a properly scoped licence agreement is designed to give you recourse against, rather than relying on a general copyright infringement claim after the fact.
- Does the licence need to specify a territory?
- Yes, particularly where the material will be used or distributed internationally — copyright protection and licensing conventions vary by jurisdiction, and an undefined territory can leave ambiguity about whether use outside Australia is authorised at all.
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