What a licence for a work must include
A licence for a musical work gives you the right to use the work – but only to the extent expressly agreed.
What must such a licence never leave out, and what does the law fill in when terms are missing?
What kind of licence this is
A licence for a work (more precisely, a licence agreement for the use of a copyright work) is the contractual consent of the author or another rights holder for another person to use the work in a certain way. In digital music distribution, it most often means consent to distribute someone else's song, to use a beat, or to include lyrics in your own recording.
In this context, the “work” means the musical composition and lyrics themselves – that is, a copyright work within the meaning of Section 2 of the Copyright Act (Act No. 121/2000 Coll.). It is a different layer of rights from the sound recording.
Licence for the work (this article)
Covers the musical composition and lyrics. It belongs to the author – the composer or lyricist – or to the publisher. In the Czech Republic, it is managed by OSA.
Licence for the sound recording
Covers a specific sound recording. It belongs to the producer of the recording (Section 75 of the Copyright Act). We cover it in detail in a separate article.
One licence is not enough
If you distribute someone else's recording, you need a licence from the author of the work and from the producer of the sound recording – these are two independent layers of rights. The author's consent to use the song does not give you the right to distribute a specific recording, and vice versa.
What a licence for a work must include
A licence agreement for a copyright work is governed by Section 2358 et seq. of the Civil Code (Act No. 89/2012 Coll.). For the licence to be valid and usable in practice, it must clearly set out the elements listed below. Missing or overly vague terms expose you to the risk that the licence will be challenged or will not cover what you need.
Identification of the parties
The name of the licensor (the author or another rights holder) and of the licensee. For individuals, their first name, surname and address; for companies, their company ID number and registered office. A vague description such as “author of the work” is not enough.
Identification of the work
The exact title of the song and/or lyrics, the author's name and the year of creation. The more precise the identification, the better – ideally including the ISWC code if the work is registered with a collecting society.
Types of use
A list of the specific types of use for which the licence is granted – digital distribution (streaming, download), synchronisation, broadcasting, live performance and so on. Anything not expressly stated in the licence is not automatically included.
Territorial scope
Which territories the licence applies to. If this is not agreed, by law it applies only to the Czech Republic – for global distribution, you must expressly agree on worldwide coverage.
Duration of the licence
How long the licence is granted for – a fixed term, the term of copyright protection of the work, or with the option of termination by notice. If early termination is to be possible, a notice period should also be agreed.
Exclusivity
Whether the licence is exclusive or non-exclusive. Unless expressly agreed otherwise, the law presumes it is non-exclusive. An exclusive licence also requires written form.
Fee or free of charge
The amount of the licence fee, or an express agreement that the licence is free of charge. If neither the fee nor a free-of-charge arrangement is agreed, and the agreement does not show an intention to conclude it for payment, the agreement may be invalid.
Sublicensing
Whether you may pass the licence on to a third party – for example, to a distribution aggregator. This is not possible without the licensor's express consent. Consent to the transfer must be given in writing.
When a licence must be in writing
The law does not require written form for all licence agreements. It is mandatory in only two cases under Section 2358(2) of the Civil Code:
- Exclusive licence – without written form, it is invalid.
- A licence that is to be entered in the relevant public register – e.g. for industrial property rights; for copyright works, this condition does not normally apply in practice.
A non-exclusive licence for a copyright work can therefore also be concluded orally or implicitly, by conduct. Even so, we strongly recommend always concluding it in writing – without written proof, the licence cannot be demonstrated, nor documented to us or to the platforms.
Practical recommendation
Always conclude a licence in writing, whether it is exclusive or not. The more precisely the terms are described, the fewer the disputes. What we accept as proof of a licence is described in the article How to provide proof of a licence.
What applies when something is missing from the licence
The law fills in some missing terms with default values – but these may not match what you need for digital distribution:
- Territory: If not agreed, the licence applies only to the Czech Republic. For global distribution, expressly agreeing on the scope is essential.
- Type of use: If the types of use are not specified, the licence is granted only for those evident from the purpose of the agreement – which can be very limited.
- Exclusivity: Without an express agreement, the licence is non-exclusive.
- Duration: If not agreed, the licence lasts for the period customary for the type of use concerned – and can be terminated by notice.
Legal basis
Relevant provisions
Definition of a copyright work – what is protected as a work, in particular musical, textual and literary works (Act No. 121/2000 Coll.).
The right to use a work – the author has the exclusive right to authorise another person, by contract, to exercise this right.
Duration of economic rights – 70 years after the author's death. This period is the natural upper limit on the length of any licence for a work.
General definition of a licence agreement – a licence agreement grants authorisation to exercise an intellectual property right to the agreed extent, for a fee (or expressly free of charge).
Written form of a licence agreement is mandatory if the licence is exclusive or if it is to be entered in the relevant public register.
Special provisions on licences for subject matter protected by the Copyright Act – specifics for copyright works, scope, exclusivity, withdrawal.
What does not count as a licence
A “free for profit” label on a YouTube video, a comment under a post, a verbal agreement with no record of any kind, or a general statement that does not identify the work and the scope – all of these are insufficient when proof is required. You must be able to produce the specific licence terms at any time as an identifiable document.
When you don't need a licence
If you distribute your own works – that is, music and lyrics you created yourself – and you have not authorised anyone else (a label, a publisher) to exercise your rights, you do not need a licence for the work from another author. Whether you need a licence for the recording then depends on whether you are also the producer of the recording. If you recorded at your own expense and you are also the author, you have both.