The Lexicon of Licensing

Agent: person or company legally in charge of the interests and affairs of an individual, a group or a company, on whose behalf they act. This party represents the rights. For us, the agent can represent the interests of one or several licensors.

Secured advance: non-refundable amount payed in advance as a guarantee of royalties.

Licensor: a license owner, controlling all or some of the rights of a given property. There can be several licensors to one property.

Contract: a legally binding agreement between one or several persons and another or several other persons in which they commit to give, do or not do certain things in relation to one another.

Counterfeit: the action of illegally reproducing a literary, artistic, or industrial piece of work without the permission of its author or inventor.

Deal memo: letter of commitment.

Drafts and models: ornamental characters of two or three dimensions, case depending. To legally protect their work, the creators must have it trademarked.

Copyright: property rights concerning creation in any form (literary, artistic, musical, scientific, technical), the expression of that form (written or oral), its value or its potential. The attribution of the copyrighter extends from the creation of the original work to.

Derivations of copyrights: rights related to the reproduction of an artist’s work, producers of phonograms and videogames, and audiovisual communication companies.

Goodies: licensed products distributed as part of a promotional offering.

Jurisprudence: the collection of ? decisions and jurisdictions on one subject or in a country. They constitute a source of legislation.

Licensee: a company that holds a licensing contract; this is generally a manufacturer or a distributer.

Licensing: an Anglo-Saxon term designating the use of licenses to manufacture subsidiary products.  

Shelf-space: the length of shelf filled by a range of merchandise in a retail shop.

Marketing data: consumer goods sales data.

Brand: sign or name distinguishing a product as belonging to a manufacturer, a merchandisers or an enterprise. It could be a trademark, a manufacture mark or a service mark. All brands must be registered with the National Institute of Industrial Property in order to ensure legal protection.

Trademark: perceptible graphic design or mark that represents the products or services of a legal entity, be that a person or a company. The mark can be individual or collective. To be protected the brand must be registered.

Minimum guarantee: guaranteed amount of royalties to be paid, irrespective of actual turnover.

Promotion: technique aimed at increasing the sales of a product through publicity: offers such as reduced prices, product demonstrations, points of sale etc.

Primary product: original product.

Counterfeit: illegal copy, reproduction of the original product.

Subsidiary product: product based on another product, derived from its original function.

Property: a distinctive brand protected by law from which subsidiary products are made. The term property incorporates trademarked brands as wells as property registered as belonging to an author.

Royalties: the sum payed by the user of an idea, a patent, to its creator or author. It is directly proportional to the volume of production or to the sales figures.

Style guide: a work containing instruction on how to, and how not to, develop a brand.


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