Intellectual Property
Video License Agreement
Maryland
Can I use a video licensed under a Creative Commons license for commercial purposes?
I am a small business owner planning to create an advertisement for my product, and I found a video on a platform that is licensed under a Creative Commons Attribution-NonCommercial license. While I understand that the license allows for non-commercial use, I am unsure if I can use this video in a commercial context without violating the terms of the license. I want to ensure that I am legally using the video and not infringing on any rights or facing potential legal consequences.
Answers from 1 Lawyer
Answer
Intellectual Property
Maryland
Haroldo M.
ContractsCounsel verified
Hi. If the Creative Commons License that you mentioned (CC BY-NC 4.0) does not allow for commercial usage, using that content commercially would violate the license. If you tranform the work sufficiently, you could potentially use it without violating the terms of the license.
People Also Asked
Licensing
Video License Agreement
Georgia
Does a Video License Agreement allow me to use licensed videos for commercial purposes?
I have recently come across a Video License Agreement for a collection of videos that I am interested in using for a project. However, I am unsure if this license permits me to use the videos for commercial purposes, such as incorporating them into a promotional video for a product I am selling. I want to make sure I am legally allowed to use these videos before proceeding with the purchase.
Jerome L.
Hi there, Whether a Video License Agreement allows you to use the videos for commercial purposes depends entirely on the terms of the specific license. Not all video licenses are created equal, and the permitted uses can vary significantly. Here are a few key points to consider before proceeding: How to Know if Commercial Use is Allowed: Check for “Commercial Use” Language: The license should explicitly state whether commercial use is permitted. Look for terms like: “Commercial use allowed” “Use in advertising or promotional content” “Monetized projects” Distinguish Between License Types: Personal or Editorial Use: These usually do not permit use in product promotions or paid campaigns. Royalty-Free or Commercial Licenses: These often do permit business use, but always check the fine print. Watch for Restrictions or Limitations: Even if commercial use is allowed, some licenses limit: The number of views or distributions Modifications to the content Platforms where it can be used (e.g., online vs. broadcast) Exclusivity & Resale: Be sure the license does not prohibit derivative or promotional use if you are editing or combining clips. Also, resale or redistribution is usually not allowed unless specifically stated. Always Keep a Copy of the License Terms: If a dispute ever arises, having clear documentation of the license terms protects you legally. Before purchasing, I highly recommend reviewing the full agreement carefully or having an attorney take a look to ensure your intended use aligns with the license rights. If you would like assistance reviewing the agreement before you proceed, I would be happy to help. Best regards, Jerome Lucas Newell, Esq. Business & Intellectual Property Attorney
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Trademark Assignment Agreement
Maryland
Can a trademark assignment agreement be used to transfer ownership of a trademark from one company to another?
I am part of a small startup company that has recently entered into a partnership with a larger corporation. As part of this partnership, we have agreed to transfer ownership of our trademark to the larger corporation. We have been advised to use a trademark assignment agreement for this purpose, but I want to ensure that this is the correct legal document to use and that it will effectively transfer ownership of the trademark to the new company.
Roman V.
Hello, I'd be glad to review the details of the trademark assignment and confirm it properly transfers ownership of your trademark. As a trademark attorney, I have helped clients in similar situations both draft trademark assignments and record them with the USPTO to ensure that the trademark reflects the right ownership information. I would be happy to have a brief free 15 minute consult call to learn more details and see how I can help. Thanks for your consideration. Best, Roman rvayner@vaynerlegal.com 414 628 9099 www.vaynerlegal.com
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Trademark Transfer Agreement
Maryland
Need advice on Trademark Transfer Agreement.
I recently started a small business and have developed a unique brand name and logo. I have been approached by another company expressing interest in acquiring my trademark rights through a transfer agreement. I am unfamiliar with the legal aspects of trademark transfers and would like to understand the process, potential risks, and ensure that I am adequately protecting my brand before entering into any agreement.
Roman V.
Hello, I wanted to express my interest in helping you understand your trademark rights and the trademark transfer proposal you received. As brief background, I am a US-licensed trademark attorney and have helped clients in similar situations buy, sell, and otherwise transfer trademark rights through transfer agreements. I can also help you prepare and file a federal trademark registration to protect your unique brand name and logo throughout the US. I'd be glad to set up a brief call to learn more about your business and see how I can help. Thanks for your consideration. Best, Roman Vayner (c) 414.628.9099 (e) rvayner@vaynerlegal.com www.vaynerlegal.com VaynerLegal, LLC
Read 1 attorney answer>Intellectual Property
Content Creator Agreement
Washington
Can a content creator agreement be terminated by either party at any time and without cause?
I am a content creator who recently entered into a content creator agreement with a media company. The agreement does not explicitly mention termination, and I am wondering if either party can terminate the agreement at any time and without cause. I am concerned about the potential implications of termination without cause on my rights, compensation, and intellectual property, and I would like to understand my rights and obligations under the agreement.
Merry K.
It would be a good idea for you to have the agreement reviewed by an attorney. You said there's no explicit language regarding termination or notice - is there something implied? With no language regarding termination, most likely either party can terminate at any time, with just a moment's notice, and no reason given. You have asked a lot of questions - I suggest that you post a project here on Contracts Counsel, and ask for an attorney well versed in intellectual property (not me) to discuss your rights, as that is probably the most important issue. An attorney who can also review the language of the entire agreement would be very helpful. (I'm sorry, but I'm not available for this project).
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Developer Agreement
Washington
Can a developer agreement restrict me from sharing my own code with others?
Can a developer agreement legally restrict me from sharing my own code with other developers or open-source communities? I am a software developer who has recently been offered a contract to work on a project for a company, and they have presented me with a developer agreement that includes a clause stating that I cannot disclose or share any of the code I develop during the project. However, I am passionate about collaborating with other developers and contributing to open-source projects, so I am concerned about the implications of this restriction on my ability to share my code and participate in the development community. I want to understand the legal implications and potential consequences of signing such an agreement.
Randy M.
You might think that because you wrote the code, you have the right to share it, but that’s not how developer agreements usually work. In Washington State, these contracts are enforceable, and they can absolutely stop you from sharing or reusing code you created during a project. It really comes down to ownership, and under most contracts, that ownership belongs to the company, not you. Let’s Talk About Who Owns the Code When you sign a developer agreement, you’re usually agreeing to one of two things: either it’s a “work-for-hire” deal or you're assigning your intellectual property rights. Either way, the result is the same. The company owns whatever you build for them. Since they own it, they get to decide what happens to it. Even if you’re the one who wrote every line, that doesn’t mean you have the right to reuse or share it if you’ve already signed those rights away. This kind of setup is standard in the tech world. Companies need to protect their IP, especially when it includes competitive advantages or trade secrets. That’s why they ask developers to assign rights and agree to keep things confidential. What About Washington State Law? Washington does offer some protection to developers, but it’s limited. There’s a statute, RCW 49.44.140, that says employers can’t claim ownership of inventions you created entirely on your own time, using your own resources, and completely unrelated to their business. That sounds helpful, but here’s the catch. It only applies if you’re an employee, not an independent contractor. And even then, the second your work overlaps with their business or involves any company resources, the protection probably doesn’t apply. So if the code you’re writing is part of a contract, or even just loosely connected to the company’s business, then the company likely owns it. Why This Matters If you violate the agreement, you’re not just risking a slap on the wrist. The company could send a takedown notice to GitHub, file for an injunction, or even sue for breach of contract or copyright infringement. If the code includes anything proprietary, like business logic or algorithms, they might also go after you for trade secret misappropriation. And beyond the legal problems, there’s your reputation to think about. Word travels fast in development circles, especially in local communities. Getting labeled as someone who mishandles IP can make future contracts harder to land. How to Protect Yourself The good news is that you still have leverage before you sign. A lot of companies start with broad IP assignment language, but they’re often open to carving out exceptions. You can ask to include a “prior inventions” schedule that lists tools, frameworks, or libraries you already created. That way, you can keep using your own work in other projects. If open-source contribution is important to you, say so upfront. Some companies will allow developers to contribute non-proprietary or generic components to open-source projects, especially if those contributions don’t compete with their business. Just make sure it’s all clearly spelled out in writing and approved in advance. You might also negotiate a time limit on confidentiality terms. The company will likely want to own the core project code permanently. That doesn’t mean you can’t eventually talk about general techniques or patterns you used, especially after some time has passed. Smart Moves Before You Sign Before you agree to anything, take a moment to list any existing code or tools you plan to use. Try to get those explicitly excluded from the IP assignment, or at least confirm that you’ll retain the right to use them elsewhere. And again, if open-source is part of your career plan, be upfront. Get language in the contract that allows you to publish select components with written approval. If you develop a useful utility during the project and think it might have broader uses, talk to the company before the contract ends. See if they’d be open to letting you open-source it or license it back to yourself for use in future projects. When It’s Time to Bring in a Lawyer If all this feels high-stakes, and it often is, consider having a tech-savvy attorney take a look. A good lawyer can help spot overly aggressive clauses, suggest better language, and help you protect both your rights and your long-term goals. This is especially important if you’re actively contributing to open-source or if you’ve built up your own libraries over time. A little legal help now can save you a lot of trouble later.
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