License

A license or licence in British English is an official permission or let to do, use, or own something as living as the total document of that permission or permit.

A license is granted by a party licensor to another party licensee as an component of an agreement between those parties. In the issue of a license issued by a government, the license is obtained by applying for it. In the issue of a private party, it is by a specific agreement, normally in writing such(a) as a driving an automobile, or operating a broadcast radio or television station, or it ensures the licensed party to realise something that would violate the rights of the licensing party e.g. work copies of a copyrighted work, which, without the license, the licensed party could be sued, civilly, criminally, or both.

In particular, a license may be issued by authorities, to permit an activity that would otherwise be forbidden. It may require paying a fee or proving a capability or both. The requirement may also serve to keep the authorities informed on a type of activity, as living as to dispense them the opportunity to nature conditions in addition to limitations.

A licensor may grant a license under intellectual property laws to authorize a use such as copying software or using a patented invention to a licensee, sparing the licensee from a claim of infringement brought by the licensor. A license under intellectual property ordinarily has several components 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 proceeds 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" Mexico/United States/Canada would not permit a licensee any security system from actions for use in Japan.

Again, a shorthand definition of license is "a promise by the licensor non to sue the licensee". That means without a license all use or exploitation of intellectual property by a third party would amount to copying or infringement. such(a) copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so.

Intellectual property licensing plays a major role in business, academia and broadcasting. institution practices such(a) as franchising, technology transfer, publication and character merchandising entirely depend on the licensing of intellectual property. Land licensing proprietary licensing and IP licensing.

Real property licenses

A license enables one party with the domination to act on another's land, when such action would typically amount to trespass absent that license. A key distinction between licenses and leases is that a license grants the licensee a revocable non-assignable privilege to act upon the land of the licensor, without granting any possessory interest in the land. one time a license is agreed upon, the licensee may occupy the land only so far as is essential to prepare the act. Another key distinction between a license and a lease is that leases are generally so-called to be in writing, where the statute of frauds requires it, while licenses can be presentation orally.

A license is broadly created by an express or implied agreement. The licensor must agree to the license which can be present in writing or the licensors acquiescence in its exercise. Furthermore, unlike many other contractual agreements, a license does not require consideration, a license can be created with or without it. Moreover, if an agreement is held to be a “license” and not a lease will depend on three fundamental characteristics of a license: 1 a clause allowing the licensor to revoke “at will"; 2 the retention by the licensor of absolute command over the premises; and 3 the licensor's supplying to the licensee all of the essential services required for the licensee's permitted use of the premises.

Under a pure licensing agreement, the licensor, under its terms and by common-law, can cancel the agreement at will and without cause, unless it is coupled with an interest or made irrevocable by contract. A license that has been coupled with an interest is not revocable by the licensor without exposure to liability and potential damages. In the event a license is coupled with an interest, the licensor must afford fair time for the licensee to remove that interest from the property prior to termination. Additionally, because a license does not confer any possessory interest in the licensee, in the event of a sale of the property, the license is terminated and cannot be enforced against the new owners of that property. Moreover, the death of either the licensee or licensor will terminate the agreement.

If a license is revocable at will by the licensor, courts will be unable to grant specific performance in favor of the licensee. A licensee would be unsuccessful in bringing forcible everyone claims or a detainer proceeding because the licensee was never granted any possory interest. The Licensee would also not be efficient to recover damages for money spent unless they are professionals to show detrimental reliance on the license. Incases, however, licenses can be made irrevocable, and specific performance may be granted. Where a license is made with a nature term period and valid consideration is transferred, revocation of the license prior to the terms expiration may raise breach of contract claims that could supply damages against the licensor. Furthermore, once the licensor terminates or revokes the license, notice is statutorily required prior to the commencement of any special proceeding to recover possession of the property e.g., in NY that requirement is 10 days.