In Canada, licensing agreements may restrict rights that would otherwise apply after the application of Canadian copyright and the fair trade principle. If an agreement does not discuss fair trade or expressly recognizes it, it applies. However, the agreement may restrict fair trade. Note that, even if fair trade is restricted, it will be limited only for the licensee and not in relation to third parties, because the contract is only valid between the parties who sign it. It`s a controversial subject. Some licenses specifically related to Fair Dealing allow it to be licensed in a manner consistent with Canadian copyright law. Footnote 5 This may be temporary storage, in which case your agreement should indicate the duration of the authorized storage. In addition, this may include caching, as described in the section below. Sponsors are visible in all areas of the event in the form of logos and products such as food. Whether you`re the sponsor or promoter, you`ll learn how to prepare a sponsorship contract so that your business is properly protected. Both parties must be empowered to conclude the agreement. Before entering into the contract, ask yourself the following questions: does the owner of the digital content have the right to concede it or does he have to clarify rights with another party? If your museum owns this content, make sure you have all the rights to it. (This is explained in more detail in the Guarantee and Compensation sections of this chapter.
Do you have a signature power on behalf of your museum? If not, who would sign the agreement? Make sure that the name on the license is the one that is legally entitled to enter into legal agreements. See also under warranty and compensation below and Chapter 6 under the signature. At the end of the contract period, the contract ends unless it authorizes an automatic renewal. You can request a certain notification period if the renewal is a new price, so the licensee has time to evaluate that price and determine if his budget allows it. You can ask, for example. B, a clause stipulating that the licensee must set the licensee a period of 60 or 90 days before the termination of the contract to allow the licensee to review and review the price increases. The contracting parties are the licensee and the licensee. The owner of the digital content is the licensee. The licensee is the party that has access to digital content (often for internal purposes and for walk-in researchers or general citizens). Although many licenses use the terms of the licensee and the licensee throughout the agreement, it is not necessary to use these terms once the parties have been identified. You can then simply use “the museum” and “publisher” or “content owner,” etc., or the names or abbreviations of the names of both parties. However, reference to the names of the contracting parties should be included somewhere in the licence.
Some museums are legal persons in themselves and can sign legal agreements, while other museums are part of larger legal entities. If you are unsure of your legal name, speak to your lawyer. This is important information for research before entering into a licensing agreement. Discussions about setting fees for licensing content such as electronic databases and online periodicals often focus on: a) subscription fees for limited or unlimited use; and b) pay-per-use. Even within these two models, there are many, many variations, some of which are contained below: if you develop your museum`s first licensing policy, it can be difficult to include museum policy in each clause, and this task can indeed be overwhelming.