Seller guide

Licensing.

Every contract with a buyer comes down to two questions: who owns the footage, and who else can use it. This page covers the four legal types you can record on a contract in Butter. It is general information and it is not legal advice.

The four types

What the buyer gets

Listing license
The buyer gets permission to use a listing you have already recorded, on the terms of that sale. You keep ownership of the footage.
Non-exclusive license
The buyer gets permission to use the footage, and you can give other buyers the same permission. You keep ownership.
Exclusive license
The buyer gets permission to use the footage, and nobody else can have it. That usually includes you, unless the contract lets you keep using it. You keep ownership, and the contract sets how long this lasts and what the buyer can do.
Copyright assignment
The buyer becomes the owner of the footage. They can use it or resell it, and you can only use it again if they license it back to you.
Side by side

What you keep under each one

A listing license follows the non-exclusive column unless the sale says otherwise.

QuestionNon-exclusive licenseExclusive licenseCopyright assignment
Who owns the footageYouYouBuyer
Can you sell it to someone else?YesNoNo
Can you keep using it yourself?YesOnly if the contract allows itOnly if they license it back
Can the buyer resell it?Only if the contract allows itOnly if the contract allows itYes
Can it end, with the rights back to you?Yes, if the contract sets thatYes, if the contract sets thatGenerally no
Common questions

Where people get stuck

Is a copyright assignment the same as an exclusive license?
They feel similar, because you can't sell the footage to anyone else under either one. The difference is ownership. Think of an exclusive license as a long lease and an assignment as selling the house.
What does a full license mean?
It has no settled legal meaning, so two people can read it differently. Name the type instead, then spell out the scope: where it applies, how long it lasts and what the buyer may do with the footage.
Can an exclusive license act like a sale?
It can come very close when it is permanent, worldwide and resellable. US copyright law also treats an exclusive license as a kind of ownership transfer. The contract's wording decides what the buyer holds, whatever the deal is called.
Does choosing a type in Butter create these rights?
No. The contract you signed creates them. The legal type in Butter is your record of what that contract says, so choose the one that matches it.
Before you sign

Five things to check

  • Check that you hold the rights you are granting. That usually means a signed release from everyone who recorded the footage, and permission from whoever controls the site.
  • Get it in writing and signed. US copyright law requires this for an assignment and for an exclusive license, and many other countries have similar rules.
  • Read the scope closely: territory, length, permitted uses, and whether the buyer can resell or pass the rights on.
  • Price it for what you give up. Under an assignment or an exclusive license, this sale is the only one those hours will ever make.
  • Ask a lawyer to review anything exclusive or permanent. The rules differ by country.
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