Exclusive License
Exclusive License – Explained Simply
An exclusive license means that the client (licensee) is the only person or business allowed to use the graphic design for the agreed purpose. Even the designer (the licensor) cannot use, sell, or license it to anyone else during the agreed period.
In Australia (under the Copyright Act 1968) this means:
• The designer still owns the copyright (unless it’s a full copyright transfer).
• The client has exclusive usage rights, meaning no one else (not even the designer) can use the design in the same way.
• The designer can’t reuse the design for other clients or personal projects.
• It usually comes with a higher fee because the designer is giving up all other opportunities to profit from that work.
Example:
If you design a logo and grant exclusive rights for merchandise, only that client can use the logo on T-shirts or products. You can’t give that same design to another brand or use it on your own merch - even though you still own the copyright.
Other Information:
File Delivery: After the final design[s] is approved, you will be sent a digital file, this may include [.jpg | .pdf | .eps | .png, graphic file formats suitable for both print and web]. File depends on what is initionaly purchased.
Performance Liability: Reckless Ninety-Nine does not warrant that the functions supplied by design[s] will be uninterrupted or error-free. In no event will Reckless Ninety-Nine be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the design[s], even if Reckless Ninety-Nine has been advised of the possibility of such damages.