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ARTICLE · 06 DECEMBER 2019

Copyright Licenses Are As Easy As A Quick Few Words

It doesn't take any formalities to authorize someone to use your copyrighted work. Whether we call it a "license," "permission," "a grant of rights" or something else, this step is often taken very...

United StatesIntellectual Property

It doesn’t take any formalities to authorize someone to use your copyrighted work. Whether we call it a “license,” “permission,” “a grant of rights” or something else, this step is often taken very informally.

Consider a recent dispute between a writer and the Buffalo News newspaper. Joel Joseph wrote an article. He emailed it to the News. A News editor, interpreting it as a proposed op-ed article, wrote back, “I think I’ll have a spot for this in our Sunday Viewpoints section on September 13. Thank you.”

Mr. Joseph responded, “Great. Thanks.”

That was the total exchange. And it was sufficient to show that Mr. Joseph granted a non-exclusive license to the News to publish his article. And because neither his original email nor his two-word reply imposed conditions, his license to the News was unconditional. So he was not entitled to compensation.

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