Legal Question in Intellectual Property in California

Is it necessary to include the words "right and" in the following contract language? Why or why not?

Designer hereby grants to Client the exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the Final Art solely in connection with the project as defined in the Estimate and in accordance with the terms and conditions of this Agreement.


Asked on 7/02/12, 7:01 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Arguably, granting a license is different from granting the right.....a license conveying only a limited right; despite the "perpetual" nature, a license could be considered revocable and personal (non-transferable). I certainly wouldn't consider the words "necessary" in any sense, but they do, arguably at least, change the meaning and interpretation of the agreement.

Read more
Answered on 7/03/12, 9:26 am


Related Questions & Answers

More Intellectual Property questions and answers in California