Intellectual Property Contract Templates
Free intellectual property templates for creators, inventors, brand owners, licensors and licensees. Every one includes a guided form, a live preview and instant PDF or Word download.
About intellectual property agreements
A intellectual property agreement defines who owns a piece of intellectual property, what the other side is allowed to do with it, where, for how long, and on what payment terms.
IP agreements go wrong when the grant is imprecise. Whether a licence is exclusive, which territory it covers, and whether it extends to derivative works are the terms that determine what the deal is actually worth.
Intellectual property rights are creatures of statute and vary by jurisdiction. Registration, recordal and formality requirements differ between copyright, trade marks and patents, so confirm what applies to your asset.
For rights owners and licensees
For employers, clients, creators and inventors
For rights owners, collaborators and their advisers
For photographers, producers, brands and the people appearing in content
For brand and patent owners and their licensees
For businesses, employees and anyone sharing sensitive information
For authors and publishers
For companies and independent sales representatives
For content creators, influencers and brand marketers
For parties settling a dispute or holding funds in escrow
Common mistakes in intellectual property agreements
- Confusing assignment with licence. An assignment transfers ownership permanently. A licence grants permission while ownership stays put. The two are frequently used interchangeably in drafting, and they are not the same thing at all.
- Not stating exclusivity clearly. Exclusive, sole and non-exclusive have distinct meanings. Exclusive typically excludes even the owner from using the right in that field, which owners often do not intend.
- Leaving derivative works unaddressed. Say whether the licensee may adapt, translate or build on the material, and who owns the result. Silence causes real problems when the adaptation succeeds.
- No audit right on royalties. If payment depends on the licensee's sales figures, you need a contractual right to inspect the records that produce those figures.
- Omitting a warranty of ownership. The licensor should warrant it actually owns the rights and that the material does not infringe anyone else's. Without it the licensee carries all the risk.
- Forgetting moral rights. In many jurisdictions the author keeps attribution and integrity rights even after assigning copyright. Address them expressly if that matters to the deal.
Intellectual Property questions
What is the difference between assigning and licensing IP?
Assignment is a permanent transfer of ownership â the assignor no longer holds the right. A licence is permission to use the right while the owner retains it, and it can be limited by time, territory, field of use and exclusivity. Assignment usually commands a higher price for that reason.
Does IP transfer automatically when I pay for work?
No, and this catches out a great many clients. Paying for creative work buys the deliverable, not the copyright, unless the contract contains an express written assignment. Absent that, the creator remains the owner and the client typically has an implied licence only.
How long should a licence last?
Match it to the commercial purpose. A campaign licence might run twelve months, a software licence might run for the term of the subscription, and a publishing licence might run for the life of copyright. Open-ended licences with no termination right are difficult to unwind.
Do I need to register my IP for this agreement to work?
The agreement is valid without registration, but registration strengthens enforcement considerably â in the US, for example, copyright registration is a prerequisite to filing an infringement suit and affects the damages available. Record any registration numbers you do have.