Negotiation with 4 points: time, territory, use and window.

Intellectual Property Negotiation

In the creative industries you always have to negotiate with 4 things in mind: time, territory, use and window.

Label: Right of EntertainmentIntellectual property in a negotiation can be limited in many ways.

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Specifically you can segment as much as you want.

For every right.

For every use.

No matter how small it may be.

Let's leave that there.

Usually, when you are negotiating the part of the project that has to do with intellectual property (trademarks, copyrights, interpretations) or image, a cession is requested.

A complete assignment of rights. Everybody. Without restrictions.

That is advantageous for the one who takes them; Because from then on you do not have to ask for authorization for anything else and you know that for an initial price you get all the benefits thereafter.

The assignment is not the only option.

It is possible to license. It is almost always possible to license.

With the license the owner remains the same. Only it authorizes the other party to do certain things, and to pay proportionally for each use that it makes within that authorization.

Yes now.

Always these authorizations can be as generic as they want or as specific as they need.

Not much that binds to the one that obtains it, nor so much that makes it unfair for the one who gives it.

It must be taken into account that giving up everything is not the only option.

Authorizations must be given taking into account 4 criteria:



How long does the authorization take?
Is it an authorization to use for a certain time (eg market)? Or to perform something for a certain time (eg, to record a movie)?


Where can it be used? Where is it going to run? (Eg in Bogotá only)
In a city?
In several? (Eg Bogota and Bucaramanga)
In a country?
In many? (Eg South America)
In the whole universe? (There are contracts for the entire universe ... not a joke).

Use (Quantities)

How will it be used (eg print, project, distribute)
For something specific? (Eg you can limit the purposes ..."For the Christmas campaign"; "Provided that nothing is charged to the end user")
How many times will it be used? (Eg number of prints in a book)
Is there a limit?
Is there any way to count them?
What happens if we reach the limit? Is the authorization finished? Is renewed? Does the price change? (Eg for the second run of a book, conditions may change)


Where is it going to explode? (E.g. Netflix y Amazon Fire TV They look the same but they must have separate authorizations; Or sayStreaming-on-demand video platforms by subscriptionAnd covers both ... and others that exist ... Hulu?)
Under what conditions will that window be used?

The right is in the exceptions. But these four tips are the fundamentals. You have to put them on the table, so we know how much each part needs and how much it really has to give.

The big problem is that there is no correct answer to any of these questions.

And they can say, "I dont know" y "I do not care" or betterthis time does not matter".

It depends on each project. There are rules, there are markets and there are always exceptions.
But these questions should always be answered.