The Master Use License is a fundamental document in New Zealand's intellectual property licensing landscape, designed to establish comprehensive terms for the use of copyrighted content, intellectual property, or proprietary materials. This agreement is particularly relevant when content owners wish to grant specific usage rights while maintaining control over their intellectual property. The document incorporates requirements under New Zealand law, including compliance with the Copyright Act 1994, Contract and Commercial Law Act 2017, and Fair Trading Act 1986. It typically includes detailed provisions for usage scope, quality control, territory restrictions, and commercial terms, making it suitable for various commercial arrangements from media licensing to software distribution. The agreement's structure allows for flexibility while maintaining legal robustness in the New Zealand jurisdiction.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the licensed material, and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed Material', 'Territory', 'Term', etc.
4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license
5. License Fee and Payment Terms: Financial terms, payment schedule, and any royalty calculations
6. Use Restrictions: Specific limitations on how the licensed material can be used
7. Quality Control: Standards for use of the licensed material and approval processes
8. Intellectual Property Rights: Acknowledgment of ownership and protection of IP rights
9. Representations and Warranties: Standard warranties regarding ownership, right to license, and non-infringement
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection of confidential information exchanged during the license relationship
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Territory-Specific Terms: Include when license covers multiple jurisdictions with different requirements
3. Minimum Performance Requirements: Include when license includes performance targets or minimum usage requirements
4. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
5. Technical Support and Updates: Include when ongoing technical support or content updates are part of the license
6. Moral Rights: Include when dealing with creative works where attribution and integrity rights are important
7. Data Protection and Privacy: Include when licensed material involves personal data or privacy considerations
1. Schedule 1 - Licensed Material: Detailed description and specification of all licensed content
2. Schedule 2 - Territory: Detailed description of geographic territories covered by the license
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Schedule 4 - Technical Specifications: Technical requirements and specifications for use of licensed material
5. Schedule 5 - Approval Procedures: Detailed processes for obtaining approval for use of licensed material
6. Appendix A - Style Guide: Guidelines for proper usage of licensed material
7. Appendix B - Report Templates: Standard templates for usage reporting and royalty calculations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Media and Entertainment
Publishing
Digital Content
Software and Technology
Education
Broadcasting
Music Industry
Gaming
Advertising
Film and Television
Digital Marketing
Relevant Teams
Legal
Intellectual Property
Content Management
Business Development
Rights Management
Commercial
Content Acquisition
Digital Operations
Contracts Administration
Copyright
Relevant Roles
Legal Counsel
Intellectual Property Manager
Content Licensing Manager
Business Development Manager
Rights Management Officer
Commercial Director
Content Acquisition Manager
Digital Rights Manager
Contracts Administrator
Copyright Officer
Media Rights Manager
Publishing Rights Manager
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