Definition[edit | edit source]

A non-exclusive license

does not transfer ownership of the copyright to the licensee and does not prevent the licensor from granting to another licensee the exact same right. The possession of a nonexclusive license to use copyrighted material will defeat a claim of infringement unless the licensee's use exceeded the scope of its license.[1]

Overview[edit | edit source]

"[A] nonexclusive license is granted when: (1) the creation of a work is requested by the licensee; (2) the licensor creates and delivers that particular work to the licensee; and (3) the licensor intends that the licensee will copy and distribute the work."[2]

References[edit | edit source]

  1. Edgenet, Inc. v. Home Depot U.S.A., Inc., 2010 WL 148389, at *5 (E.D. Wis. Jan. 12, 2010) (citations omitted).
  2. Id. (citation omitted).
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