License
Encyclopedia
The verb license or grant licence means to give permission. The noun license (American English
) or licence (Indian English, British English, Canadian English, Australian English
) refers to that permission as well as to the document recording that permission.
A license may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is "an authorization (by the licensor) to use the licensed material (by the licensee)."
In particular a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee and/or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations.
laws to authorize a use (such as copying software or using a (patent
ed) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor. A license under intellectual property commonly has several component parts beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor.
Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.
Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (United States/Canada) would not permit a licensee any protection from actions for use in Japan.
Typically, a license is associated with a unique code, that when approved grants the end user access to the software in question.
Under a typical end-user license agreement, the user may install the software on a limited number of computers.
The enforceability of end-user license agreements is sometimes questioned.
. With such a license, the licensee may use the trademark without fear of a claim of trademark infringement by the licensor.
ed works such as "art" (e.g., Thomas Kinkade
's painting "Dawn in Los Gatos") and characters (e.g., Mickey Mouse
). With such license, a licensee need not fear a claim of copyright infringement brought by the copyright owner.
Artistic license
is, however, not related to the aforementioned license. It is a euphemism
that denotes approaches in art works where dramatic effect is achieved at the expense of factual accuracy.
A licence is an academic degree
. Originally, in order to teach at a university, one needed this degree which, according to its title, gave the bearer a licence to teach. The name survived despite the fact that nowadays a doctorate
is typically needed in order to teach at a university. A person who holds a license is called a licentiate
.
In Sweden
, Finland
, and in some other European university systems, a licence or 'Licentiate
' is a postgraduate degree between the master's degree and the doctorate
. The Licentiate
is a popular choice in those countries where a full doctoral degree
would take five or more years to achieve.
In some other major countries, such as France
, or Belgium
or Poland
, a licence is achieved before the master's degree (it takes 3 years of studies to become licentiate
and 2 additional years to become Master) in France, while in Belgium the licence takes 4 years while the master itself takes 2 more years. In Switzerland
, a licence is a 4-year degree then there is a DEA
degree which is equivalent to the Master's degree
. In Portugal
, before the Bologna process
, students would become licentiates after 5 years of studies (4 years in particular cases like Marketing, Management, etc.; and 6 years for Medicine). However, since the adoption of the Bologna Process
engineering degrees in Portugal were changed from a 5 year licence to a 3 year licence followed by 2 years for the MSc: Not having the MSc doesn't confer accreditation by the Ordem dos Engenheiros
)
-related:
Other:
American and British English spelling differences
One of the ways in which American English and British English differ is in spelling.-Historical origins:In the early 18th century, English spelling was not standardized. Differences became noticeable after the publishing of influential dictionaries...
) or licence (Indian English, British English, Canadian English, Australian English
American and British English spelling differences
One of the ways in which American English and British English differ is in spelling.-Historical origins:In the early 18th century, English spelling was not standardized. Differences became noticeable after the publishing of influential dictionaries...
) refers to that permission as well as to the document recording that permission.
A license may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is "an authorization (by the licensor) to use the licensed material (by the licensee)."
In particular a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee and/or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations.
Intellectual property
A licensor may grant a license under intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
laws to authorize a use (such as copying software or using a (patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
ed) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor. A license under intellectual property commonly has several component parts beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor.
Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.
Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (United States/Canada) would not permit a licensee any protection from actions for use in Japan.
Mass licensing of software
Mass distributed software is used by individuals on personal computers under license from the developer of that software. Such license is typically included in a more extensive end-user license agreement (EULA) entered into upon the installation of that software on a computer.Typically, a license is associated with a unique code, that when approved grants the end user access to the software in question.
Under a typical end-user license agreement, the user may install the software on a limited number of computers.
The enforceability of end-user license agreements is sometimes questioned.
Trademark and brand licensing
A licensor may grant permission to a licensee to distribute products under a trademarkTrademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
. With such a license, the licensee may use the trademark without fear of a claim of trademark infringement by the licensor.
Artwork and character licensing
A licensor may grant a permission to a licensee to copy and distribute copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
ed works such as "art" (e.g., Thomas Kinkade
Thomas Kinkade
Thomas Kinkade is an American painter of popular and commercial realistic, bucolic, and idyllic subjects. He is notable for the mass marketing of his work as printed reproductions and other licensed products via The Thomas Kinkade Company...
's painting "Dawn in Los Gatos") and characters (e.g., Mickey Mouse
Mickey Mouse
Mickey Mouse is a cartoon character created in 1928 by Walt Disney and Ub Iwerks at The Walt Disney Studio. Mickey is an anthropomorphic black mouse and typically wears red shorts, large yellow shoes, and white gloves...
). With such license, a licensee need not fear a claim of copyright infringement brought by the copyright owner.
Artistic license
Artistic license
Artistic licence is a colloquial term, sometimes euphemism, used to denote the distortion of fact, alteration of the conventions of grammar or language, or rewording of pre-existing text made by an artist to improve a piece of...
is, however, not related to the aforementioned license. It is a euphemism
Euphemism
A euphemism is the substitution of a mild, inoffensive, relatively uncontroversial phrase for another more frank expression that might offend or otherwise suggest something unpleasant to the audience...
that denotes approaches in art works where dramatic effect is achieved at the expense of factual accuracy.
Academia
- National examples of the License are listed at LicentiateLicentiateLicentiate is the title of a person who holds an academic degree called a licence. The term may derive from the Latin licentia docendi, meaning permission to teach. The term may also derive from the Latin licentia ad practicandum, which signified someone who held a certificate of competence to...
A licence is an academic degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
. Originally, in order to teach at a university, one needed this degree which, according to its title, gave the bearer a licence to teach. The name survived despite the fact that nowadays a doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
is typically needed in order to teach at a university. A person who holds a license is called a licentiate
Licentiate
Licentiate is the title of a person who holds an academic degree called a licence. The term may derive from the Latin licentia docendi, meaning permission to teach. The term may also derive from the Latin licentia ad practicandum, which signified someone who held a certificate of competence to...
.
In Sweden
Education in Sweden
Education in Sweden is mandatory for all children from year 1 to year 9 - generally from the year of the child’s seventh birthday to the year of the child’s 16th...
, Finland
Education in Finland
The Finnish education system is an egalitarian Nordic system, with no tuition fees and with free meals served to full-time students. The present Finnish education system consists of well-funded and carefully thought out daycare programs and a one-year "pre-school" ; a nine-year compulsory basic...
, and in some other European university systems, a licence or 'Licentiate
Licentiate
Licentiate is the title of a person who holds an academic degree called a licence. The term may derive from the Latin licentia docendi, meaning permission to teach. The term may also derive from the Latin licentia ad practicandum, which signified someone who held a certificate of competence to...
' is a postgraduate degree between the master's degree and the doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
. The Licentiate
Licentiate
Licentiate is the title of a person who holds an academic degree called a licence. The term may derive from the Latin licentia docendi, meaning permission to teach. The term may also derive from the Latin licentia ad practicandum, which signified someone who held a certificate of competence to...
is a popular choice in those countries where a full doctoral degree
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
would take five or more years to achieve.
In some other major countries, such as France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, or Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
or Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
, a licence is achieved before the master's degree (it takes 3 years of studies to become licentiate
Licentiate
Licentiate is the title of a person who holds an academic degree called a licence. The term may derive from the Latin licentia docendi, meaning permission to teach. The term may also derive from the Latin licentia ad practicandum, which signified someone who held a certificate of competence to...
and 2 additional years to become Master) in France, while in Belgium the licence takes 4 years while the master itself takes 2 more years. In Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, a licence is a 4-year degree then there is a DEA
DEA (former French degree)
A Master of Advanced Studies is a non-consecutive postgraduate degree awarded predominantly in European countries. A MAS program offers comprehensive training in a specific field and can either give access to higher qualification in one's profession or lead to a new profession...
degree which is equivalent to the Master's degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
. In Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, before the Bologna process
Bologna process
The purpose of the Bologna Process is the creation of the European Higher Education Area by making academic degree standards and quality assurance standards more comparable and compatible throughout Europe, in particular under the Lisbon Recognition Convention...
, students would become licentiates after 5 years of studies (4 years in particular cases like Marketing, Management, etc.; and 6 years for Medicine). However, since the adoption of the Bologna Process
Bologna process
The purpose of the Bologna Process is the creation of the European Higher Education Area by making academic degree standards and quality assurance standards more comparable and compatible throughout Europe, in particular under the Lisbon Recognition Convention...
engineering degrees in Portugal were changed from a 5 year licence to a 3 year licence followed by 2 years for the MSc: Not having the MSc doesn't confer accreditation by the Ordem dos Engenheiros
Ordem dos Engenheiros
The Ordem dos Engenheiros is the regulatory and licensing body for the engineer profession in Portugal. It is headquartered in Lisbon, and has several regional branches in other Portuguese cities....
)
See also
Intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
-related:
- Brand licensingBrand licensingLicensing means renting or leasing of an intangible asset. Examples of intangible assets include a song , a character , a name or a brand . An arrangement to license a brand requires a licensing agreement...
- Compulsory licenseCompulsory licenseA compulsory license, also known as statutory license or mandatory collective management, provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of arbitration.- Copyright law :In a number of countries...
- Cross-licensingCross-licensingA cross-licensing agreement is a contract between two or more parties where each party grants rights to their intellectual property to the other parties.-Patent law:...
- Music licensingMusic licensingMusic licensing is the licensed use of copyrighted music. Music licensing is intended to ensure that the creators of musical works get paid for their work. A purchaser of recorded music owns the media on which the music is stored, not the music itself...
- Software license
- Statutory license
Other:
- Amateur radio license
- Banking licenseBanking licenseUnder most jurisdictions, a banking license is a prerequisite for a financial institution that wants to provide banking services, such as taking deposits from the general public....
- Broadcast licenseBroadcast licenseA broadcast license or broadcast license is a specific type of spectrum license that grants the licensee the privilege to use a portion of the radio frequency spectrum in a given geographical area for broadcasting purposes. The licenses are generally straddled with additional restrictions that...
- Dog license
- Driver's licenseDriver's licenseA driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
- Firearms licenceFirearms licenceA firearms licence is a licence or permit issued by some Governments of a country , that allows the licensee to buy, own, possess, and use firearms, often subject to a number of conditions or restrictions, especially with regards to storage requirements or the completion of a firearms...
- Golf licenseGolf licenseThe GVB or golf ability license is a standardised test and licensing process which players of the game of golf must go through in order to be allowed to play on many golf courses in Belgium or the Netherlands.-History:The GVB was introduced because there are few golf courses in relation to the...
- Hunting licenseHunting licenseA hunting license is a regulatory or legal mechanism to control recreational and sports hunting.Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority."...
- License to kill
- Liquor licenseLiquor license-Alberta:In Alberta, liquor licences are issued by the Alberta Gaming and Liquor Commission.-United Kingdom:Throughout the United Kingdom, the sale of alcohol is restricted—pubs, restaurants, shops and other premises must be licensed by the local authority. The individual responsible for the...
- Marriage licenseMarriage licenseA marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
- Medical licenseMedical licenseIn most countries, only persons with a medical license bestowed either by a specified government-approved professional association or a government agency are authorized to practice medicine. Licenses are not granted automatically to all people with medical degrees...
- Pilot licensePilot licensing and certificationPilot licensing or certification refers to permits to fly aircraft that are issued by the National Aviation Authority in each country, establishing that the holder has met a specific set of knowledge and experience requirements. This includes taking a flying test. The certified pilot can then...
- Professional license
- Television license
- Vehicle license
External links
- Licensing.org, Licensing Industry Merchandiser's Association
- Licensingexpo.com, Licensing International Expo
- ArtofLicensing.org, ArtOfLicensing.org, international network of art licensing professionals