Copyright licensing agreement review checklist (AU)
Copyright licences sit at the heart of content, software, and media deals. This checklist helps lawyers review a licence for an Australian rights holder or licensee.
This is a 12-step checklist for reviewing a copyright licence under the Copyright Act 1968 (Cth). It covers rights granted, scope, moral rights, and collecting society overlap.
The checklist
Identify the works
Identify each work or subject matter being licensed and confirm it attracts copyright.
Confirm chain of title
Confirm the licensor owns or controls the copyright being licensed.
Review rights granted
Review which exclusive rights are granted — reproduction, communication, adaptation.
Check exclusivity
Check whether the licence is exclusive, sole, or non-exclusive and the impact on the licensor.
Review territory and term
Confirm the territory, term, and any renewal or extension rights.
Assess sub-licensing
Review whether sub-licensing is permitted and any prior consent requirements.
Check moral rights consents
Check the author consent to acts that would otherwise infringe moral rights.
Review fees and royalties
Review the royalty structure, minimum guarantees, and audit rights.
Assess collecting society overlap
Check overlap with collecting society licences — APRA, AMCOS, Copyright Agency.
Review warranties and indemnities
Review warranties about ownership, non-infringement, and indemnity limits.
Check termination rights
Review termination grounds and post-termination use of existing copies.
Confirm dispute resolution
Confirm the governing law, jurisdiction, and dispute resolution pathway.
When this checklist applies
Use when reviewing an inbound or outbound copyright licence for content, software, music, or publishing.
Common pitfalls
- Chain of title gaps, particularly for contractor-created works
- Moral rights consents missing or too narrow
- Exclusive licence granted without recognising collecting society arrangements
- Overbroad grant extending to unknown future media
- Audit rights drafted without practical scope limits
Run this checklist on a real matter
Quillio can compare licence terms against a playbook and flag missing moral rights consents. See /practice-areas/intellectual-property or start a free trial.
General Australian copyright licensing guidance. Apply sector-specific rules for music, film, software, or educational use.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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