June 10, 2020 Feature

Smarter Licensing Simplified

Charles C. Valauskas

©2020. Published in Landslide, Vol. 12, No. 5, May/June 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

A license that accomplishes a client’s business objectives seems like it should be easy to prepare. For many, it means finding or accessing a template license, adding or deleting language as needed, and then sending out the draft to the client for review and comment. That was the smart way to do licensing, I was told by a senior partner decades ago. But since receiving that first licensing assignment as a rank associate, and after working on more licensing projects, I came to appreciate that the task was far more involved, the endeavor far more nuanced. Many challenges—some more obvious than others—existed and had to be overcome just to prepare the first workable draft.

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