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Licensing lets you earn revenue from your copyrighted work while retaining ownership. Our team at Brealant drafts and reviews licence agreements, and manages recordal with IPOPHL, so your commercial terms are clear and your rights stay protected.
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Legal Definition of Copyright Licensing
A licence, under the IP Code of the Philippines (RA 8293), is permission granted by the rights holder allowing another party to use a copyrighted work in specific, agreed ways, without transferring ownership.
Purpose and Function of Licensing
Licensing lets rights holders generate revenue and expand the reach of their work — through publishing, merchandising, adaptation, or distribution — while retaining underlying ownership.
Protecting Your Rights
A well-drafted licence defines exactly what's permitted, for how long, and on what terms, protecting the value of your work and preventing unauthorised uses beyond what was agreed.
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Contact
Discuss your work and licensing goals with Brealant.
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Search
We review the work's ownership status and any existing licensing arrangements.
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Quote
Receive a service quote for drafting, reviewing, or negotiating the licence.
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Pay
Proceed with secure payment for the selected services.
File
Brealant drafts or reviews the licence agreement and files any recordal with IPOPHL.
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Wait
The licence is finalised and, where recorded, IPOPHL processes the recordal.
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Response
You receive the finalised agreement, and confirmation once recordal is complete.
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In the Philippines, a copyright licence should clearly define the scope of use, territory, duration, exclusivity, and payment terms. Getting these terms right from the outset is the clearest way to avoid disputes over what was actually agreed.
A vague or incomplete licence can lead to disputes over scope, payment, or unauthorised sub-licensing. Brealant's drafting and review process protects your commercial interests while keeping terms workable for your licensing partner.
Licensing is a powerful tool, but it has boundaries
Doesn't Transfer Ownership
A licence grants permission to use the work; it doesn't transfer copyright ownership the way an assignment does.
Moral Rights Generally Remain
Certain moral rights, such as attribution, generally can't be licensed away and remain with the author.
Scope Limits Enforceability
A licensee acting outside the agreed scope may be infringing, but only within the terms actually granted.
Doesn't Guarantee Compliance
Recordal and clear drafting reduce disputes, but don't guarantee a licensee will comply with agreed terms.
Requires Ongoing Management
Licensing revenue and compliance often require ongoing monitoring, not a one-time agreement.
Brealant helps you understand these boundaries clearly before you licence your work.
A carefully prepared licence protects
Your Ownership
Licensing lets you monetise the work while retaining underlying copyright ownership.
Your Commercial Terms
Clearly defined scope, territory, duration, and payment terms that reflect the value of your work.
Your Moral Rights
Protection of your right to be identified as author and to object to derogatory treatment of the work, which generally remain with you regardless of licensing.
Your Future Options
Licence terms that don't foreclose other commercial opportunities beyond what you intended to grant.
Brealant makes sure your licence protects both the commercial value and the integrity of your work.
Licensing typically follows these stages
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Instruction
You confirm the work and your licensing goals with Brealant.
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Drafting or Review
We prepare or review the licence agreement's terms.
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Negotiation
Terms are finalised between the parties, with Brealant's support.
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Execution & Recordal
The licence is signed and, where appropriate, recorded with IPOPHL.
Licence drafting and negotiation timelines vary, but a straightforward agreement can often be finalised within 1 to 3 weeks.
Costs depend on the complexity of the agreement
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Charged as a fixed or scoped professional fee, depending on the complexity of the licence.
A modest official IPOPHL fee applies if the licence is recorded, alongside Brealant's recordal service fee.
Brealant quotes this upfront based on the scope of the licensing work required.
Once your licence is in place, Brealant can support recordal, monitor for compliance issues, and assist with renewals, amendments, or enforcement if the licensee exceeds the agreed terms.
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Licensing grants permission to use the work while you retain ownership; assignment transfers ownership itself to another party.
Yes, licences can be exclusive or non-exclusive, and the terms should clearly state which applies.
No, moral rights such as attribution generally remain with the author regardless of any licence granted over the economic rights.
Recording isn't mandatory, but it strengthens your position and gives third parties a public record to rely on.
Yes, we support clients through negotiation as well as drafting and recordal, working to secure commercially sound terms.
A well-drafted licence should clearly state the scope of use, duration, territory, whether it's exclusive, royalty or fee arrangements, and termination conditions — Brealant drafts agreements covering each of these elements.
Yes, licences are commonly limited to a defined territory, medium, or purpose — for example, print use only, or use within the Philippines — leaving other rights available for separate licensing.
Only if the original licence agreement expressly permits it — without that authorization, a licensee generally cannot grant further rights to third parties.
Termination typically follows the terms set out in the agreement itself, such as expiry, breach, or mutual agreement; Brealant can help draft clear termination and remedy provisions upfront to avoid disputes later.
Depending on the agreement, remedies can include termination of the licence, damages, or an injunction to stop unauthorized use beyond what was licensed.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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