Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Media and Software Licensing
Media and Software Licensing Lawyer NYC - Francelina M. Perdomo Klukosky of Perdomo Law
Media and Software Licensing Law Firm, Perdomo Law in Manhattan New York, NY
Software and other forms of media fall under the category of intellectual property. The creators of this property have the right to protect their work and expect others to pay to use the software or profit from it through resale or other means. Licenses enable those that want to access the software or other media to identify the owner. They also make it possible for the owner to have legal recourse if someone uses the software inappropriately or without payment.
What are Media and Software Licenses?
Licenses for intellectual property inform the audience about who created the media or holds the rights. Software and media companies often display abbreviated license descriptions on their product or through electronic means for consumers. The information provided will explain how the consumer or other entity may use the media or software.
The shortened versions give consumers a basic understanding of their rights to use the software or other products. The full license description is typically more detailed and complex.
Different licenses exist to give the licensee (the consumer) instructions on how they may use the software or media. The creators of original software and media may need the resources of a media and software licensing law firm to produce a legally binding, comprehensive document to protect their work.
When are Media and Software Licenses Needed?
Licenses become necessary once someone releases software or other media into the public domain for others to use. Even those that plan to offer their property to others for free should license their work. The license can detail the accepted use of the programs. Doing so protects the creator from liability if someone uses the software to perform an illegal act.
Types of Media and Software Licenses
Dozens of options exist for creators to consider when they decide to market their software. The type of product can determine the best license option for the owner to use. Software and media designers need to know who their clients are, how they will access and use the media, and how often they need to update their product to remain relevant. The answers to these variables will determine what license is best. A media and software licensing lawyer can help creators find the most financially sensible option for their property.
License details vary based on the product and how the owner chooses to share it with the audience. Some licenses restrict companies to a maximum number of users accessing the software at a time. Some allow a certain amount of time for the licensee to use the software. Other licenses apply to features within the software rather than the entire program. Many software owners rely on the licenses most used by creators to protect their work.
- Free Licenses: Free licenses, also known as open-source licenses, allow people to use intellectual property without payment. The license protects the copyright owner because it does not allow the entities that obtain the media or software to remarket it under their names.
- End-User License: An End User License Agreement allows the licensee to buy the software or media for their use but with some limitations. The creator can adapt these rights how they prefer. They may want the licensee to use the software on only one computer or design it for home rather than commercial use.
- General Public License: This license gives the licensee the freedom to sell the media or software.
- Perpetual Licenses: These allow the licensee to keep and use the software they purchase for life. Typically, this license covers only the exact version bought and not upgraded or patched programs.
- Subscription Licenses: These allow users to have access to the media for a pre-specified amount of time. The licensee can access the software for six months or a year, for example, before must re-subscribe to continue use. The option is different than a use-time license that calculates the actual hours the software was in use.
How do You Retain Media and Software Rights?
Creators of intellectual property need to consult with a media and software licensing attorney about the copyrights they hold. Contributors to the projects may also have a copyright for the parts of the software they created. Only the owners of software can offer licensing rights to others. The attorney can advise on what rights to allow and how to present them to the prospective licensees.
The license agreements need to provide enough detail to protect the owner from licensees copying or reverse-engineering their software in their products. Many online license templates may not have enough detail, and some may include unenforceable rules. Creators of intellectual property should avoid the temptation to use one license template for all products or recycle their legal documentation endlessly. The advancements in technology take place too quickly for outdated licensing to cover all potential issues over rights.
Can You Regain Media and Software Rights?
Media and software licensing law firms can work with anyone who experienced a loss of their intellectual property. The issues sometimes occur due to licensees that exploit their rights to the software. Pirated software, the theft of copyrighted material for use in other software, and many other issues could compromise the creator.
Contact Media and Software Licensing Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
The producers of digital property have an almost endless market available to them as consumers consistently seek new software for their business and personal needs. All developers must protect each product as it goes out to consumers, and they need to maintain ownership of their already released work. A reliable legal advisor can make the process much easier and more reliable.
Please contact us for a case assessment.
Additional References
Perdomo Law
1270 Avenue of the Americas
Suite 2005
New York NY 10020
Phone: (212) 980-7206
Suite 2005
New York NY 10020
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