Licence agreement template for a logo, photos and text
Who may use a logo, photos or text, for what and for how long
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Licenčná zmluva
- I. Zmluvné strany
- II. Predmet zmluvy
- III. Spôsob, rozsah a čas použitia
- IV. Výhradnosť licencie
- V. Úpravy diela a označenie autora
- VI. Odmena
A licence agreement is how an author gives permission to use their work. It covers a logo from a graphic designer, photographs from a photographer, copy from a writer and code from a developer. Without one the client holds the files but no certainty about what they may do with them.
A common misconception is that paying the invoice transfers the rights to the client. It does not. Copyright is not transferable in Slovakia; what is granted is permission to use the work, and it applies only to the extent agreed.
A second misconception is that a commissioned work belongs to the client outright. For a commissioned work, consent is presumed only for the purpose arising from the contract, and the author remains entitled to use the work themselves.
Who needs this document
- Companies whose logo or visual identity was designed by an external designer
- Online shops using product photographs taken to order
- Clients commissioning copy, illustrations or video from an external author
- Clients commissioning custom software or a website
- Freelance authors who want the scope of use of their work written down
What the document must contain
- Identification of the work the licence covers
- The manner of use, meaning exactly what may be done with the work
- The scope of the licence, including territory
- The term for which the licence is granted, or how it is determined
- The fee or how it is determined; if the licence is free of charge, that must be stated expressly
- Whether the licence is exclusive or non-exclusive
- Whether the licensee may pass the permission on as a sublicence
Legal basis
Copyright Act
Sets out what a licence agreement contains, when it must be in writing, how the fee is assessed, how an exclusive licence differs from a non-exclusive one and what applies to commissioned works.
Civil Code
Applies to anything the licence agreement does not expressly cover.
Most common mistakes
Relying on an invoice instead of an agreement
A paid invoice shows that the work was delivered and paid for. It says nothing about the use the author consented to. In a dispute about scope, what governs is the agreement, not the amount.
Assuming the licence is exclusive
If exclusivity is not agreed, the licence is non-exclusive. The author may therefore give the same logo or photograph to someone else and may keep using it themselves.
Agreeing an exclusive licence orally
An exclusive licence must be in writing. An oral agreement on exclusivity is not enough, even when both parties agree on it.
No fee agreed and no mention of it being free
Where the agreement states neither a fee nor how it is determined, and it being free of charge does not follow from it either, the author is entitled to the fee customary at the time the agreement was made. A free licence therefore has to be stated expressly.
No manner of use
An agreement that merely says a licence is granted does not say whether the work may go on packaging, into paid advertising or be passed on. The manner of use is one of the elements of a licence agreement.
Leaving it until there is a dispute
Scope is cheapest to agree while the work is not yet in use. Once it is on packaging and in advertising, changing the scope means negotiating from a weaker position.
Frequently asked questions
Do I own the logo because I paid for it?
Payment alone does not make the client the rights holder. For a commissioned work, the author is taken to have consented to use for the purpose arising from the contract, unless agreed otherwise. Any other purpose needs their consent, and the author may also use the work themselves.
What is the difference between an exclusive and a non-exclusive licence?
Under a non-exclusive licence the author may give the same work to others and use it themselves. Under an exclusive licence they may not, and must also refrain from the agreed manner of use themselves unless the parties agreed otherwise. Where exclusivity is not agreed, the licence is non-exclusive.
Does a licence agreement have to be in writing?
For an exclusive licence, yes, the law requires it. For a non-exclusive licence no written form is prescribed, but either party may ask in writing within fifteen days for a confirmation of the agreement setting out its elements.
Can I later use the logo on another product?
That depends on the agreed manner and scope of use. It is worth setting them broadly at the outset; extending them later is a fresh agreement with the author.
Can a licence be free of charge?
It can, but the agreement has to say so. Without an agreed fee and without express wording that it is free, the author is entitled to the fee customary at the time the agreement was made.
Licence agreement for your business
You fill in your company details and the document is ready in under a minute.
Generate the document