On August 12th, we had Mitchel Fleming from Hall Webber LLP facilitate a workshop on how to approach content licensing. Here’s the recording:

Here is a summary:

What is copyright-protected content?

Any creative works like videos, art, photos, music or podcasts, basically anything original and fixed in a tangible form. Copyright in Canada automatically belongs to the creator, even without registration.

Assignment vs. Licensing: What’s the difference?

Assignment: Like a complete sale – you transfer ownership (all or part) of your copyright to someone else. You no longer hold those rights. Assignments must be in writing and signed.

Licensing: Like renting. You keep ownership but give permission for specific uses under agreed conditions (e.g., time, territory, medium). Licensing can be exclusive or non-exclusive and doesn’t necessarily transfer ownership.

Assigning is like selling your car. It’s no longer yours.

Licensing is like lending your car to a friend under set terms. You still own it and decide how it’s used.

Customizing licenses

You can carve licenses in many ways. e.g.

Mediums: For films, games, merchandise, prints

Territory: Only Canada, or also the U.S., or French-speaking Canada, etc.

Duration: Define how long the rights last.

Exclusivity: Non-exclusive lets you license to multiple parties; exclusive means only that party can use it (not even you).

Start by understanding what assets you own

Not just entire works, individual elements like characters, artwork, or even sound effects can be separately owned and licensed. Copyright gives creators control over each of these.

Who actually owns what?

By default, the creator (author) owns the copyright, unless it’s a work done in employment, where the employer may own it unless otherwise agreed.

In co-authorship, each creator typically controls their own contributions. You usually need mutual agreement to use or license it.

The chain of title tracks how ownership has shifted over time. This is vital for clarity when licensing, selling, or distributing later.

Strategic Tips

• Is it worth licensing if enforcing rights would be hard?
• Granting exclusive rights adds value but limits your flexibility and may reduce willingness to pay if overridden later.
• Windowing: provide exclusive access to one party first, then another later.
• Payment models: flat fee vs. royalties (fixed %, tied to performance) vs. minimum guarantees.
• Timelines: ensure the license comes with requirements to use or produce, so you’re not waiting indefinitely for content that never releases.