Understanding the Difference Between a Transfer and a License

A transfer of copyright is a conveyance of ownership, much like the sale of personal property. When you transfer your entire interest in a copyrighted work, or one or more of your exclusive rights under copyright, you give up all claim to the right(s) you convey (except as explained in the Termination of a Transfer or a License section). The recipient of the transfered right(s) may:

  • exercise the right or rights transfered;
  • authorize others to exercise the right or rights transfered via another transfer or via license; and
  • sue for copyright infringement of the transferred right(s).

A license is a grant of permission to exercise your rights under copyright. In copyright terminology, there are "non-exclusive" and "exclusive" licenses. When you give someone a non-exclusive license, you give the licensee permission to exercise the right in question, but you also reserve the right to continue exercising it yourself and to authorize others to do so. When you give someone an exclusive license, you promise that the licensee and only the licensee may exercise the right. This means that when you grant an exclusive license, even you may not exercise the granted right, nor may you authorize anyone else to do so.

Copyright law treats an exclusive license like a transfer. Therefore, the recipient of an exclusive license to a right or right(s) may:

  • exercise the right or rights licensed;
  • authorize others to exercise the right or rights licensed via a transfer or license; and
  • sue for copyright infringement of the licensed right(s).

The recipient of a non-exclusive license may exercise the right or rights licensed, but MAY NOT:

  • authorize others to exercise the right or rights licensed via transfer or license without permission of the copyright owner; and
  • sue for copyright infringement of the licensed right(s).

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