Licence Agreement Canada
A foreign owner or licensor of intellectual property may initiate proceedings against a third party for infringement without joining the licensee, but it may be advantageous to join the licensee in order to obtain the damage suffered by the licensee as a result of the infringement. A licensee may initiate proceedings against an infringer if the licence agreement so provides, but must join the licensor as a party to the proceedings. A licensee may be contractually prohibited from bringing an action without the consent of the licensor. A non-exclusive licensee itself does not have locus standi: Milliken & Co v. Interface Flooring Systems (Canada) Inc. (1998) 3 FCR 103. This license is effective from the date and time you access the information and terminates automatically if you violate any of the terms of this license. Museum as Licensee: Ensure that the licensor does not deny or limit its liability to such an extent that the museum loses the necessary protection through the license. Note that with digital content, there may be more than one type of content that must be covered by the license. Less obvious works and underlying works that may be subject to the license are: texts, images, databases, music and other audio works, video and film clips, computer software and the like. Museum as Licensor: Determine (and, if necessary, negotiate) how the Content will be used and ensure that this is carefully and narrowly treated and defined in your license. Many agreements use the term “authorized user” to refer to a sublicensee or end user such as a researcher or the general public. In some situations, a licence terminates before the contract expires if there is a fundamental breach of the contract, i.e.
a party fails to comply with its obligations. Even in these circumstances, an agreement may provide for a period of, say, 30 days for the defaulting party to remedy the situation and avoid terminating the agreement. It also ensures that a licensee does not suddenly lose access. Most content owners would only accept such a clause if the licensee continues to comply with the other clauses set out in the agreement regarding things like use, modifications and security. Museum as licensor: In Canada, moral rights belong to the author or creator of a work, even in an employment situation where the employer holds the copyright. Therefore, a museum is not able to waive moral rights to its licenses. If a licensee who purchases content from a museum requires a waiver of moral rights, he must obtain a waiver from the author of the work in question. The Museum may assist the Licensee in obtaining this waiver.
In addition, it is important that all curators and museum staff are fully informed of the terms of the license and can easily access them in case it needs to be clarified which conditions apply to which license and content. (See Chapter 8 on Managing Multiple Licenses.) “Information” means the compilation of non-confidential results from Statistics Canada`s activities, including data files, databases, microdata files used by the public, publications, tables, graphs, maps, reports and text, for which Statistics Canada owns or grants all intellectual property rights and which are made available to you free of charge or free of charge under this licence; either on the Statistics Canada website or otherwise under a contract for goods or services. The agreement must specify how and when the agreement can be terminated. They may include the right to terminate the Contract in the event of serious breaches of the Terms and Conditions in the Contract and/or to include termination of the Contract for any reason, provided that the other party is informed. Another option is automatic termination, where you specify in the agreement which events automatically resiliate the agreement. Examples include late payment, bankruptcy, or a material breach of the automatic termination of the agreement. There are no restrictions on the duration. The Competition Office may examine the exclusivity or non-competition conditions of a licence agreement if they involve a refusal of business, exclusive trade, tied selling or conditions which otherwise fall within its competence. The Competition Office has published the IPEGs, which indicate the direction the office can take in different licensing situations. You must specify in the license exactly who are the authorized users and authorized access to the site. Never assume that users or websites are included under the license. A request to include a license agreement or terminate a license agreement may be submitted by mail, fax or via the General Correspondence for Trademarks online service.
Certain warranties may be used by licensees to prevent customers from infringing copyright, and these may be included in a license. These safeguards may require licensees to do certain things, such as: Depending on what you negotiate, the licensee should keep in mind that there is a cost to maintain their own archives of electronic content. For the creation of the archive and the backup of the contents may be necessary. There can also be the cost of “data renewal,” that is, keeping it in an up-to-date and accessible format and constantly updating it to keep up with technological changes, which can be relatively expensive. In fact, creating a copy printed on acid-free paper can be more cost-effective than an electronic archive and meet a licensee`s collection requirements. If this is being contemplated by a licensee, make sure that the authorization is included in your license. The inclusion of an electronic ILL in licensing agreements between publishers (and other content owners) and libraries is somewhat controversial, and agreements on whether or not to include it vary. One of the reasons it is controversial is that traditional ILL meant that printed materials were shared with another library and then returned to the original library.
This allows you to determine which terms make sense for future licenses during the term of that license. Unless otherwise stipulated in the Agreement, the rights of a sublicensee of the Licensee expire upon termination or expiration of the License. Guarantees are promises that each party makes to the other party in the agreement. For example, Licensor may warrant that it has not infringed the intellectual property rights or other rights of any third party in providing the Content to Licensee. Licensor may also warrant that it has the authority to enter into the agreement and that the license to the content does not conflict with other licenses received from the owner of the content. If any of the warranties are false, the Licensor providing the Warranty may be subject to certain “penalties” or indemnities as described below. Museum as a licensee: If your license terminates before the end of the term specified in the license, make sure that you are entitled to a refund of your royalties for this early termination period. The term may be based on a specific duration (for example.B.
from January 1, 2011 to December 31, 2015 or for one year from the signing of the license) or on the payment of any annual subscription fee. . . .