What Is a Licensee?
A licensee is any individual, business, organization that has been granted legal permission, or certain rights by another entity who owns certain assets, to engage in any activity related to these assets. This permission, 💞or license, can b꧋e given on an express or implied basis.
Key Takeaways
- A licensee is some entity that has been granted permission to conduct activities using something that another party owns or controls.
- The licensee may pay the licensor for the permission, or share revenue arising from activities that result from the permission.
- Licensing agreements are common in several sectors, including media, entertainment, technology, and bio-pharma.
- Types of licensee arrangements include franchises, brand licenses, and government licenses.
- An operating license grants the licensee the legal capacity to conduct business.
Understanding Licensees
A licensee has received legal permission from another party to conduct some sort of business over which the other party holds some control, ownership, or authority.
The licensee may pay outright for this permission, by what is known as a licensing fee. Or they may make payments related to the results of the activities that the business arrangement facilitates. This is known as 澳洲幸运5开奖号码历史查询:licensing revenue.
Some licensees may compensate license owners with ong🐻oing fees, royalties, or another revenue🅺-sharing arrangement.
License Relationships
Various licensing relationships exis꧃t in the 💃business world.
- Musical performances, recordings, and broadcasts often involve royalty agreements for licensing music.
- Software programs may include 澳洲幸运5开奖号码历史查询:licensing agreements between corporate end-users and the copyright holders of the underlying code.
- Patent holders of certain key technologies may demand payment for licensing a technology's use in other products (e.g., in consumer electronics or cars).
- Media companies license the content that they air or stream from producers or content creators.
- Research and discoveries found by scholars at universities may be licensed to private companies or startups, especially in the fields of information technology, science, biotech, and healthcare.
- The creator economy and Web 2 and Web 3 eras produced many creators who license their content, which includes courses, posts, articles, podcasts, and videos.
Important
Normally, a licensing arrangement between a licensee and the licensor is a m𝔉utually beneficial financial relationship. It can sometimes generate a great deal of revenue for both partieܫs.
Licensee Types
Here are examples of some of the lice൩nsee/license types that exist in business.
Franchisee
Under a franchise agreement, the franchisee (or licensee) is granted permission to use the 澳洲幸运5开奖号码历史查询:franchisor’s assets, such as a supply chain, trademarks, or other intellectual property for a certain period of time. Typically, the franchisee is granted exclusive rights to those assets within a cert♊ain localized area.
Examples of franchisees 🍸include the owner-operators of many retail stores or restaurants, including some fast food locat💃ions.
Brand Licensee
WIth brand licensing, the licensee is permitted to use a brand's trademarks and logos on its own manufactured products, such as sports apparel and toys.
For instance, a hit superhero movie may be released and generate a large fan base. The characters in the film are the property of th♏e movie studio, but the studio decꦕides to solicit licensing agreements from various producers of consumer goods that would allow those producers to use the characters on their products.
As a result, the li⛎kenesses of these characters may appear on clothing, posters, lunch boxes, and in games. They may also𒅌 appear as action figures or dolls.
The producers of all these items are unaffiliated with the movie studio. Per their licensing agreements, they must pay fees or royalties to the studio to represent the movie's brand.
Operating Licensee
A licensee may be an entity that has been granted legal or regulatory permission to operate a business. S𝓰uch ꦗa license is a mechanism for governments to oversee, and in many cases tax, certain business operators.
A liqu꧑or license is an example. By issuing the license, a city or county ensures♎ compliance with local regulations regarding alcoholic beverages. It also receives an additional revenue stream specifically associated with the sale of alcohol.
Many types of businesses are required to obtain an operating license before being able to do business legally. These licensees can range from food trucks to banks. Operating licenses can be granted at various levels of governance, from local or state governments (e.g., for food trucks)🏅 all the way up to federal regulators (e.g., for banks).
A license to sell securities is a similar permission granted on a state or nationwide basis. National licenses are granted by 澳洲幸运5开奖号码历史查询:Financial In👍dustry Regulat💎ory Authority (FINRA), a private regulatory authority that enforces the rules governing registered brokers and 澳洲幸运5开奖号码历史查询:broker-dealer firms in the United States. Examples of this type of license include the Series 7 and 澳洲幸运5开奖号码历史查询:Series 63 licenses.
Real Estate Licensee
A licensee can have permission to access real estate. Typically, a licensee of a prope൲rty has been granted express permission to make use of land by the landowner. The property in qu♏estion is not open to the general public.
A common example used in law schools is that of a hunter who has written permission to hunt on a landowner’s property. Without this permission, the hunter would be considered a trespassಞer and have very little legal protection from hazards encountered while hunting there.
Nor could the hunter be considered an invitee, a legal term to describe a guest with 🎐recourse to take legal action in response to damages suffered while in the property.
Fast Fact
An implied license can be a more ambiguous relationship, as no express permission has been granted legally. The classic ex🌠ample of the implied license is the implied permission a firefighter has to enter a burning building, even if the owner is not present to formally approv💫e the entry. In business, this concept tends to involve a licensee interpreting communications with a licensor as implied permission to make use of an asset.
Other Licensee Requirements
In addition to paying fees or sharing revenues for being ᩚᩚᩚᩚᩚᩚᩚᩚᩚ𒀱ᩚᩚᩚgranted a license, licensees are often subject🌞 to requirements that they treat the granted permission responsibly.
The aforementioned hunter is expected to leave the property in the con♉dition that they found it. The securities broker is required to recommend investments appropriate to the client. The liquor store operator is prohibited from selling to underage customers.
A license does no🌃t grant free rei🍃n to the licensee to exploit the licensed rights, whether those rights relate to a public or private asset.
What Is a Licensee of a Property?
A licensee is one who has been given limited permission to use or occupy a property (physical or intellecﷺtual property). The licensee will compensate the owner of the property for its use, the terms of which will be spelled out in a licen🐓sing agreement. As such, the tenant of a rented apartment may be considered a licensee of sorts.
What Is the Difference Between a Licensor and a Licensee?
The licensor is the owner of some property (orℱ the rights thereof) that grants permission to a licensee to use that property, in return for compensation from the licensee.
What Is a License Holder Business?
This te🌸rm implies that a business has applied for and holds a valid li🌟cense, obtained from the proper authority, to legally operate or do business in a certain location or locations.
What Is a Licensing Agency?
A 🐽licensing agency is a broker that brings together licen🌳se owners with potential licensees and arranges licensing agreements between them. A licensing agent may approach the owner of a license to see if they would be interested in such an arrangement.
The Bottom Line
A licensee is any individual or entity that has received legal permission (or license) to conduct business activities that involve the use of assets belonging to another person or entity. For that permission, the licensee compensat🐭es the grantor of the license by payment of an upfront or periodic fee, or with a cut of the revenue they earn. Licenses can be explicꦗit or implied.