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Licence Agreements for Works and Software

Licence Agreements for Works and Software in practice

You paid a designer for a logo or a developer for an app. That does not yet mean you may use them however you like. Under Slovak law a company cannot be an author; it can only acquire permission to use the work, within the scope set by the licence agreement. Whatever the agreement leaves out, you often do not have.

We draft licence agreements for commissioned work, branding, photography and marketing, software licences and SaaS terms. We define the permitted uses, territory, term and fee precisely so that disputes over interpretation do not arise later. For companies using open source, we help with policies and licence audits.

What we help with

  • Copyright licences for commissioned work, design and photography
  • Software licences (EULA) and SaaS terms, including SLAs and data processing agreements
  • Licence clauses for freelancers and suppliers
  • Open source audits and policies
  • Trade mark and patent licences
  • Internal rules on employee works under Sections 78 and 95 of the Slovak Copyright Act

Worth knowing

What the agreement must contain

Under Section 65 of the Slovak Copyright Act, mainly the work, the permitted uses, the scope of the licence, its term and the fee, or an agreement that the licence is free of charge.

Exclusivity must be agreed

Unless the agreement says otherwise, a licence is non-exclusive and the author may license the work to others. An exclusive licence must be in writing.

Sublicensing and transfer

The licensee may grant a sublicence only if the agreement allows it or it follows from its purpose. Transferring the licence to someone else requires the author's consent unless the agreement provides otherwise.

How long rights last

Economic rights last for the author's life and 70 years after death. A licence can be agreed for a fixed term, for an indefinite term with notice, or for the full duration of the rights.

Common questions

  • With an exclusive licence, the author may not license the same scope to anyone else and usually does not use the work in that scope themselves. With a non-exclusive licence, they can license several people and keep using the work. Unless agreed otherwise, a licence is non-exclusive.
  • A licence or rights agreement for all works created under the assignment, with sufficient scope, territory and term. Without it you may lack the right to commercial use, even though you paid for the work.
  • Yes, on the licence's terms. Permissive licences such as MIT or Apache mainly require keeping the notices. Strong copyleft licences such as the GPL can, on distribution, require the whole product to be released as open source.
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This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.