How Licensing Works

Posted in: Miscellaneous

Licensing is defined as the process of hiring a copyrighted or trademarked entity for use with a product or service. It might be any assets from the signature of someone famous to a picture, graphic or logo. A business contract is drawn up between the owner of the trademark or copyrighted material and the person who wants to lease it. These individual are identified as the licensor and licensee respectively.

Why would anybody want to license an entity? Simple answer is to increase their sales. Several brands attract such high customer loyalty that you could sell nearly anything once you have that image or logo or signature on your product.

The licensor is normally encouraged by the cash they could earn but this is not always the only reason. Entering into the market could be a bigger issue. For example, if a new movie is being produced, the producers realize that having heaps of toys or goods related to the movie in shops will aid increase the hype around launch date thus resulting into a rise in box office takings.

Licensing also gives the licensor a chance to move into related product parts without having to incur the rate of product design or development. They might be looking to break into new markets for instance a US product launching in China but owing to limited knowledge of the new market they will want to test it out first through a relatively low risk cheap way such as licensing. If the new market loves the product, they know they have just rented the brand for a short length of time and are collecting a percentage of sales. Once the time frame is up they can move into that market themselves. If the new market isn't thriving, they have still got revenue from hiring the brand but they haven't wasted any money testing an unresponsive marketplace.

Obviously the licensor have to guard their brand first and foremost thus there will be very strict quality controls put in place to cover this issue. The other ordinary elements to a license will be a specific geographic place i.e. you cannot just trade wherever you desire. The deal will also stipulate the time the license has been granted for, the stipulations for renewal, the agreed contract rate and terms of payment - this is usually a percentage of sales subject to a lowest value i.e. you complete paying a specified minimum amount even if you don't sell anything. But if your product sales take off, you will pay a certain percentage back to the licensor. There will also normally be an agreement over how many licenses will be issued for that specific territory i.e. you could have a sole license or be permitted to license more people.

People who want to take up a licensing contract do so since they think that they have found a perfect market for that product but do not have the capacity to financial support the operation themselves. Or they may have developed a new product that will do much better having been associated with that brand name for even a short period of time. Making status in the business is vital, almost as vital as being 100% sure you comprehend the licensing process and know accurately what you are getting into before you sign that contract.

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