A license is a privilege entitling the licensee to do something that he would not be entitled to do without the license. To license or grant a license is to give permission. A license authorizes the holder to do something that he or she would not be entitled to do without the license.
A Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of "original works of authorship, "including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
" To reproduce the work in copies or phonorecords;
" To prepare derivative works based upon the work;
" To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
" To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
" To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
" In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.
New York License for the Use of a Copyright: A Comprehensive Overview In New York, a license for the use of a copyright is a legal agreement that grants a person or organization the permission to use copyrighted works within the boundaries defined by the license. These licenses outline the terms and conditions under which copyrighted materials can be reproduced, distributed, displayed, or performed. There are several types of licenses for the use of a copyright in New York, each catering to specific purposes and circumstances. Here are some of the commonly encountered license types: 1. Public Performance License: This license grants the right to publicly perform copyrighted works such as music, plays, films, or other theatrical productions. It is crucial for venues like theaters, concert halls, or restaurants that wish to play background music or host live performances. 2. Mechanical License: Mechanical licenses are required when reproducing copyrighted musical compositions on various media, including CDs, records, cassettes, or digital streams. These licenses are often needed by recording studios, streaming services, and music production companies. 3. Synchronization License: When a copyrighted musical composition is synchronized with visual content, such as in movies, TV shows, or advertisements, a synchronization license is necessary. This license permits the use of the copyrighted composition while synchronizing it with specific visuals. 4. Print License: Publishers or individuals looking to reproduce copyrighted literary works, such as books, articles, or poems, require a print license. This license covers the right to print and distribute the copyrighted material in physical or digital format. 5. Broadcast License: Broadcast licenses allow television or radio stations to air copyrighted content like music, movies, or TV shows. Without this license, broadcasting copyrighted works would be considered copyright infringement. It is essential to note that these license types can sometimes overlap, depending on the nature of the copyrighted work. Additionally, licenses can be exclusive or non-exclusive, meaning the copyright holder may grant permission to only one licensee or multiple licensees simultaneously. When obtaining a New York license for the use of a copyright, it is crucial to consult with an attorney or licensing professional specializing in intellectual property rights. They can guide you through the process and ensure you comply with all legal requirements. Failure to obtain the necessary licenses can result in severe legal consequences, including hefty fines and potential lawsuits for copyright infringement. To conclude, obtaining a New York license for the use of a copyright is paramount in legally using copyrighted materials. The various types of licenses, including public performance, mechanical, synchronization, print, and broadcast licenses, cater to specific uses of copyrighted works. Understanding and obtaining the appropriate license is essential to avoid legal issues while promoting creativity and protecting intellectual property rights.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
