What is a license

 A license is an agreement on the use of works, it regulates the time and manner of their use as well as the remuneration due. Rightsholders earn money when someone uses their works. The remuneration due to them is called royalties. In a license agreement, the rightsholder (licensor) authorizes the user (licensee) to use a work in a specified way (in specified fields of exploitation) for a specified period of time and in return for a specified amount.

Licenses are divided into exclusive and non-exclusive licenses. An exclusive license means that only a specific person (the licensee) may use a work for a specified period of time in a specified way. An exclusive license has to be concluded in writing. A non-exclusive license means that multiple licensees may use the same work within the same scope and at the same time. ZAiKS grants users non-exclusive licenses.

In some situations, the law allows the use of works free of charge without having to conclude a license agreement. Find out what permitted use is.

Who Can Grant Licenses

 Authors may but are not obliged to license their works to anyone. However, thanks to licenses, they receive remuneration. Licenses may be granted by authors themselves or by a collective management organization (CMO) that represents them, such as ZAiKS. Our experience shows that collective management organizations grant licenses more effectively than authors acting independently.

ZAiKS may not refuse to grant a license without valid reasons. Those who want to use authors’ works should apply to ZAiKS for a license.

How are licenses useful for users

 Authors are entitled to remuneration for the use of their works. They also have the right to define the scope of this use. The license agreement is a kind of authorization to use the works and gives users the right to use the works legally.

ZAiKS deals with such time-consuming and costly activities as:

  • identifying the rightsholders of the work you want to use
  • contacting authors from all over the world
  • negotiating a license agreement
  • transferring due remuneration to authors for the use of their works

When to conclude a license

The license agreement should be concluded before commencing any activity that involves the use of works.

No license

Using works without concluding a license agreement carries a risk of:

  • having to deal with court proceedings and thus the need to pay up to a double amount in royalties
  • payment of interest and court costs
  • initiation of criminal proceedings and receiving a penalty of up to 5 years of imprisonment or a fine; disseminating works without a license is considered a crime, not an offense; as part of such proceedings, the court may, for example, order the forfeiture of the audiovisual equipment that was used to commit the crime.

Obtain a license

Pay for the authors' work and support their imagination. Go to the easy and fast licensing procedure.