A licensee is an entity, person, or company given authorization by another entity, person, or company to use an asset that the potential licensee wants to use. When providing a licensee with a license to use a product or asset that they own, the licensor will often be paid a fee to reimburse them for the trouble.
Additionally, that remuneration can often be seen to reward them for owning the wanted asset. Patents are an excellent example of this in everyday life. Assets that are patented are commonplace in many industries. The patent owner will often become a licensor who then provides licenses to use that patented asset to licensees.
What Is a Licensee?
A licensee is any business, organization, or individual that has been granted legal permission, or certain rights by another entity who owns certain assets, to engage in any activity related to these assets. The permission, or license, can be given on an express or implied basis.
Licensees will compensate the owner of the license via an upfront payment, ongoing fees, royalties, or some other revenue-sharing arrangement.
A licensee has received legal permission from another party to conduct some sort of business over which the other party holds some control, ownership, or authority. The licensee may pay outright for this permission, known as a licensing fee, or may make payments based on the results of the business arrangement, known as licensing revenue.Many variations on the licensing relationship exist in the business world. Musical performances, recordings, and broadcasts often contain royalty agreements for licensing music. Software programs may include licensing agreements between corporate end-users and the copyright holders of the underlying code. Patent holders of certain key technologies may demand payment for licensing its use in other products (e.g., in consumer electronics or cars).
Some other common examples of licensee arrangements include the following:
Franchisees- Under a franchise agreement, the franchisee is granted permission to use the franchisor’s assets, such as supply chain, trademarks, or other intellectual property for a certain period of time. Typically, the franchisee is granted exclusive rights to those assets within a certain localized area.Examples of franchisees include the owner-operators of many retail stores or restaurants including some fast food locations.
Brand Licensing- In brand licensing, the licensee is permitted to use a licensor’s trademarks and logos on its own manufactured products, such a sports apparel or toys.For instance, a hit superhero movie may be released that generates a large fan base. The characters in the film are the property of the movie studio, but they decide to solicit licensing agreements from various producers of consumer goods. As such, the likenesses of these characters may appear on clothing, posters, lunch boxes, and in games. They may also appear as action figures or dolls. Note that the producers of all these items are unaffiliated with the movie studio and must pay fees or royalties per the licensing agreements that represent the movie’s brand.
Operating License- A licensee may also be an entity that has been granted legal or regulatory permission to operate. Such a license is a mechanism for governments to oversee, and in many cases tax, certain business operators. A liquor license is an example of this type. By issuing the license, a city or county ensures compliance with local regulations regarding alcoholic beverages and receives an additional revenue stream specifically associated with the sale of alcohol.Many types of businesses are required to obtain an operating license before being able to legally do business.1 These can range from food trucks to banks. Operating licenses can be granted at various levels of governance from local or state governments (e.g., for food trucks) all the way up to federal regulators (e.g., in the case of banks).A license to sell securities is a sort of similar permission granted on a state or nationwide basis. National licenses are granted by Financial Industry Regulatory Authority (FINRA), a private regulatory authority that enforces the rules governing registered brokers and broker-dealer firms in the United States. Examples include the Series 7 and Series 63 licenses.
Implied License- An implied license can be a more ambiguous relationship, as no express permission has been legally granted. The classic example is the implied permission a firefighter has to enter a burning building, even if the owner is not present to formally approve the entry. In business, this concept tends to involve a licensee interpreting communications with a licensor as implied permission to make use of an asset.
Real Estate Licensees- An important use of licensee refers to permissions granted to access real estate. Typically, a licensee of a property has been granted express permission to make use of land by the owner. The property in question is not open to the general public.A common example used in law schools is that of a hunter who has written permission to hunt on a landowner’s property. Without this permission, the hunter would be considered a trespasser and under very little legal protection from hazards encountered while hunting there. Nor could the hunter be considered an invitee, a legal term to describe a guest with recourse to take legal action in response to damages suffered while in the property.
Other Requirements- In addition to paying any fees or revenues associated with being granted a license, licensees are often subject to requirements that they treat the granted permission responsibly. The hunter is expected to leave the property in the condition they found it. The securities broker is required to recommend investments appropriate to the client. The liquor store operator is prohibited from selling to underage customers.A license does not grant free rein to exploit the licensed rights, whether they be to a public or private asset.
How does a licensee work?
Given that a licensing agreement between a licensor and a licensee permits the licensee to use property belonging to the licensor, how does the role of the licensee work? And what is the difference between a licensee vs invitee?
With the help of a strong and credible licensing agreement, these answers should be clear. It should identify what is expected of the licensee when using the licensor’s property and what the payment structure in return should be. For example, if a licensee seeks the use of a song written by someone else, they must sign a licensing agreement with a license first. That agreement should state whether the licensee has to pay the licensor every time they play the song or if there is a flat fee – among many other models. In comparison, an invitee will have been asked by the licensor to use their property.
Advantages of a licensee
Legally speaking, the most essential advantage of a licensee is the fact that using an asset someone else owns becomes lawful. Without becoming a licensee and thus obtaining permission to use an asset, if a person goes on to use it, they are breaking the law. In fact, it is akin to stealing as the non-licensee is choosing to circumnavigate payment and just goes on to use the asset illegally anyway.
For that reason, the advantage of having a licensee and licensor relationship is that the licensor is rightfully rewarded for owning an asset. Additionally, having a licensing agreement allows both sides of the party to identify what is expected from both sides from the outset of the contract. The relationship should be strengthened as a consequence, and the chance of legal disputes between the two should be much reduced if the contract is properly finalized in the contract creation process.
FAQs
Difference Between Licensor and Licensee
The licensee is the party that receives a license, while the licensor is the party that grants the license. For instance, when a bar owner gets a liquor license from the state where he operates his business, the owner is the licensee and the government that issued the license is the licensor.
What Is a License Holder Business?
This term implies that a business has applied for and holds a valid license, obtained from the proper authority, to legally operate or do business in a certain location or locations.
What Is a Licensing Agency?
A licensing agency is a broker that brings together license owners with potential licensees and arranges licensing agreements between these parties. A licensing agent may approach the owner of a license to see if they would be interested in such an arrangement.
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