Licences and licence agreements
Copyright arises automatically – but on its own it does not allow anyone else to use your music. For a distributor, label, filmmaker or anyone else to use it legally, they need a licence from you. A licence is essentially your consent to a specific type of use – and a licence agreement is the document that records this consent.
This article explains what a licence is and how it works. Other articles in the series:
→ Exclusive vs. non-exclusive licence – the key difference you need to know
→ What a proper licence agreement must include – especially when buying beats online
→ How to provide proof of a licence – especially when using beats found online
→ What a licence for a work must include – the licence for the composition and lyrics
→ What a licence for a sound recording must include – the licence for the master
What is a licence? § 2358 Civil Code
A licence is the licensee's authorisation to use a copyright work in the way set out in the agreement. Without a licence, any use of someone else's work – streaming, distribution, synchronisation to video, printing sheet music – is unauthorised and may give rise to liability for copyright infringement.
The author or another rights holder (e.g. a label or publisher). The party entitled to grant the licence – that is, whoever created the work or acquired the rights.
The party receiving the licence – a distributor, label, filmmaker, beat buyer, streaming platform and so on. It may use the work only in the way and to the extent set out in the agreement.
What does a licence define?
Every licence should clearly set out at least these parameters:
Type of use
What the licensee may do with the work – stream it, print it, synchronise it to video, sell physical formats…
Territory
Where the work may be used – worldwide, only the Czech Republic, only the EU… For digital distribution, it is normally worldwide.
Duration
How long the licence is granted for. It can be for a fixed or an indefinite term – it depends on the agreement.
Exclusivity
Exclusive (only one licensee) or non-exclusive (several licensees). A fundamental difference – see the separate article.
Fee
A licence can be granted for payment (a fee, royalties, a one-off payment) or free of charge – both are legally possible.
May the licensee pass the licence on to a third party? If the agreement is silent, as a rule it may not – this must be expressly agreed.
A licence for an unspecified licensee
Czech law allows a licence to be granted to an unspecified group of licensees – that is, to the public as a whole. The author publishes the terms of use (e.g. on a website or directly alongside the work), and anyone who meets those terms may use the work without having to conclude an individual agreement.
The best-known example is the Creative Commons (CC) licences – the author says, for example: “You may freely share and adapt my music as long as you credit me and do not publish the result under a commercial licence.” The terms are standardised, easy to understand and internationally recognised. If you want to use someone else's music under a CC licence in your own recording for digital distribution, you need a variant that allows both commercial use and adaptations – licences marked NC or ND do not allow this.
Credit the author. Otherwise free use – including commercial use and adaptations.
Credit the author, non-commercial use only. Commercial use is prohibited.
Credit the author, no adaptations. The work must not be changed.
Credit the author, keep the licence. Derivative works must carry the same licence.
The author waives all rights that can be waived. Anyone may use the work, in any way, without conditions. See Public domain works.
No open licence = full protection. Use only with the author's consent.
If you publish your music under Creative Commons or another open licence, you cannot take that decision back as regards those who have already accepted the licence and are using the work. Think carefully about the terms you set – especially whether you allow commercial use and adaptations.
Licence agreement vs. mere consent
- A written document signed by both parties.
- Clearly defines all the parameters of the licence.
- Legally enforceable, protects both parties.
- For an exclusive licence, written form is required by law.
- Always recommended – even for a non-exclusive licence.
- Legally possible for a non-exclusive licence.
- Difficult to prove in a dispute.
- Unclear terms = risk of misunderstanding.
- Invalid for an exclusive licence.
- Not recommended – not even between friends.
Sublicensing and assignment of a licence § 2358 et seq. Civil Code
Without the author's consent, the licensee may not assign the licence to a third party or grant a sublicence – unless the agreement expressly allows it. In practice, this means: A distributor you grant a licence to can pass it on to platforms (Spotify, Apple Music…) only if your agreement permits it. At Bez Labelu, this is expressly covered in the Framework (Sub)licence Agreement for Digital Distribution – so everything is in order.
A licence does not transfer your copyright – it remains yours. You only allow it to be used under set conditions. If someone offers to “buy out your copyright”, be on your guard: Under Czech law, economic rights are non-transferable (Section 26 of the Copyright Act, Act No. 121/2000 Coll.). In practice, such a “buyout” is handled through an exclusive licence in full scope – and that can have serious consequences for you.
What is the difference between an exclusive and a non-exclusive licence – and why does it matter? Exclusive vs. non-exclusive licence →
Buying a beat or agreeing a licence with a producer? Find out what the agreement must include: What a proper licence agreement must include →