Licensing in the United States

Licensing in the International Business Landscape

Definition of Licensing in the context of U.S. international business and public trade policy: Occurs when a firm (the licensor) licenses the right to produce its product, use its production processes, or use its brand name or trademark to another firm (the licensee). In return for giving the licensee these rights the licensor collects a royalty fee on every unit the licensee sells.

Licensing in the International Business Landscape

Definition of Licensing in the context of U.S. international business and public trade policy: Permission from government to do something that is otherwise against the law.

Licensing in the International Business Landscape

Definition of Licensing in the context of U.S. international business and public trade policy: Transaction in which a firm (called the licensor) sells the rights to use its intellectual property to another firm (called a licensee) in return for a fee.

Local Government Licensing

Main Issues:

• Activities subject to licensing requirement
• Administration of license requirements
• Keeping Animals
• Assignment of licenses
• Banking and credit institutions
• Buildings and other improvements on property
• Charitable activities
• Possession of Dangerous articles
• Enforcement of license requirements and obligations
• Entertainment and recreation
• Right of Equal access to license
• Exceptions and exemptions from license requirements
• Licensing Fees
• Health facilities
• Hotels and motels
• Ideological activities
• Improvements on property
• Insurance
• Interstate activities
• Intoxicating beverages
• Manufacturing
• Merchandising
• Mining
• Motels
• Motor vehicle use
• Possession of dangerous articles
• Powers of local governments
• Procedures for issuance
• Public transportation
• Public utilities
• Recreation,
• Regulatory license
• Remedies (enforcement of license requirements and obligations, remedies on behalf of licensees and applicants, rights and remedies of third parties)
• Renewal of license
• Licenses for revenue
• Revocation or suspension (grounds, procedures)
• Rights of licensees
• Terms and conditions governing the Right to license
• Salvage
• Services
• Sound amplication
• Effect of State license requirement
• Street use
• Territorial limits on exercise of licensing power
• Tort liability and immunity
• Trades and professions
• Vehicle use
• Waste disposal

Licensing (Broadcasting)

This section introduces, discusses and describes the basics of licensing. Then, cross references and a brief overview about Broadcasting is provided. Finally, the subject of Communications Law in relation with licensing is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Licensing (Regulations)

This section introduces, discusses and describes the basics of licensing . Then, cross references and a brief overview about Regulations is provided. Finally, the subject of Shipping in relation with licensing is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Licensing (Statutes)

This section introduces, discusses and describes the basics of licensing. Then, cross references and a brief overview about Statutes is provided. Finally, the subject of Shipping in relation with licensing is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Finding the law: Licensing in the U.S. Code

A collection of general and permanent laws relating to licensing, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines licensing topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Licensing

In Legislation

Licensing in the U.S. Code: Title 49, Subtitle IV, Part A, Chapter 109

The current, permanent, in-force federal laws regulating licensing are compiled in the United States Code under Title 49, Subtitle IV, Part A, Chapter 109. It constitutes “prima facie” evidence of statutes relating to Transportation (including licensing) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Interstate Transportation and Licensing of the US Code, including licensing) by chapter and subchapter.

Licensing

In Legislation

Licensing in the U.S. Code: Title 26, Subtitle F, Chapter 72, Subchapter A

The current, permanent, in-force federal laws regulating licensing are compiled in the United States Code under Title 26, Subtitle F, Chapter 72, Subchapter A. It constitutes “prima facie” evidence of statutes relating to Tax Administration (including licensing) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Licensing of the US Code, including licensing) by chapter and subchapter.

Resources

See Also

• Legal Topics.

Brand Equity; Inventions and Patents; Licensing Agreements; Royalties Hunting; Patent; Tort Law; Law of Space; Legislative Environment; Regulation.

Further Reading (Books)

“Branding News: Danger Mouse in clothing range.” Marketing. 18 January 2006.

“Davy Process Technology (London, UK) has secured a second Chinese licensee in a month for its ethyl acetate technology, the only such technology to be based on bioethanol as feedstock.” Chemistry and Industry. 6 February 2006.

Elliott, Stuart. “The Media Business: Advertising Addenda; Licensed Products Fall 1.3% in Sales.” The New York Times. 10 January 2005.

Foster, Ed. “The Gripe Line: BSA’s truce campaigns So-called anti-piracy truce campaigns leave customers feeling more like the distrusted enemy than a valued partner.” InfoWorld. 27 August 2001.

Henricks, Mark. “License to Thrive: How you can profit from big companies’ tech ideas.” Entrepreneur. October 2005.

Johannes, Amy. “Live from Licensing International: 2004 Sales Reach $1.75 B.” Promo. 6 October 2005.

“Licensed Occupations.” America’s Career/InfoNet. Available from http://www.acinet.org/acinet/licensedoccupations/lois_agency.asp. Retrieved on 4 April 2006.

Murphy, Terry. “The Licensing Handbook: How to make money in licensed products and stay out of trouble.” Impressions. March 2006.

Rhode Island Department of Labor and Training. “Rhode Island Licensed Occupations.” Available from http://www.dlt.ri.gov/lmi/jobseeker/license.htm. Retrieved on 5 April 2006.

Rivkin, Victoria. “Licensing Gets Bag Designer in Gear: Deal gives Yasmena manufacturing chops to expand its market; preserving its options.” Crain’s New York Business. 5 December 2005.

“SMEs Confused Over Licensing Needs.” Computer Trade Shopper. 12 October 2005.

Darnay, ECDI

Further Reading (Articles)

License bills hot among legislators this session, The Roanoke Times (Roanoke, VA); January 29, 2010; Mark Taylor

YOUTH ELK LICENSES STILL AVAILABLE; LEFTOVER DEER LICENSES GO ON SALE WEDNESDAY. States News Service; August 9, 2010

YOUTH ELK LICENSES, LEFTOVER DEER, JAVELINA, MOBILITY IMPAIRED ELK LICENSES GO ON SALE IN AUGUST. States News Service; July 20, 2011

License Plate Recognition Technology Development Research and Improvement, Management Science and Engineering; June 1, 2013; Sheng, Zhang

LICENSE SYSTEM FACES FIRST BIG TEST.(Sports), Rocky Mountain News (Denver, CO); May 21, 2003; Dentry^, Ed

License to Drive = Proof of Identity: In the Aftermath of Sept. 11, States Are Working to Make Their Driver’s License Systems More Secure, State Legislatures; April 1, 2003; Sundeen, Matt

Business Licenses, Wenatchee Business Journal; April 1, 2014

Software Licenses in Context: The Challenge of Heterogeneously-Licensed Systems, Journal of the Association for Information Systems; November 1, 2010; Alspaugh, Thomas A. Scacchi, Walt Asuncion, Hazeline U.

License plate reader aids Chelsea police. The Boston Globe (Boston, MA); February 4, 2010; John Laidler

License Renewal Rules Thwart Undocumented, Irish Voice; September 23, 2003; Brennan, Georgina

Hunting licenses Youth hunt DMAP deadline Elk license Deer baiting, Sunday News Lancaster, PA; June 18, 2006

Poetic License; Sorry, Shakespeare-In Loudoun County, You Gotta Have One, The Washington Post; April 26, 1987; Byron Farwell

LICENSE POLICY CHANGES, The Spokesman-Review (Spokane, WA); December 2, 1998; Rich Landers Staff writer

Licenses may be on hold: ; Measure would change liquor license rebidding, Charleston Daily Mail; February 23, 2000; KARIN FISCHER

HUNTING, FISHING LICENSES ARE UP FOR RENEWAL IN SOUTH CAROLINA, US Fed News Service, Including US State News; June 25, 2007

Liquor Licenses, Wenatchee Business Journal; July 1, 2013

License cheaters may face larger fine, The Columbian (Vancouver, WA); December 21, 2004; KEN OLSEN, Columbian staff writer

Digital licenses coming in July, The Record (Bergen County, NJ); April 22, 2003; RANDY DIAMOND, TRENTON BUREAU

License Board’s alleged dealings stirring anger Many liquor applicants say connections required, The Boston Globe (Boston, MA); October 31, 2008; Donovan Slack

A license to cheat?, Chicago Sun-Times; February 14, 1999; CAM SIMPSON