This section provides information for selling services on HostJane marketplace.
In this section
- The simple guide to licensing
- What is copyright and why does it matter?
- Does U.S. law govern HostJane licenses between Buyers and Sellers?
- Can I sell without a license?
- I’m a Seller. Which License should I use?
- Do Licenses expire?
- How do I change license?
- What is a Split License?
The simple guide to licensing
Using a licensing agreement to enter into work online with people you don’t know is a good idea because it provides safety rails and prevents common pitfalls and problems.
Licenses do not apply to online lessons.
Licenses help Buyers understand clear guidelines on what they can and cannot do with a Seller’s delivered Work.
Selling a Skill with a license also helps gives Sellers on HostJane peace of mind that Buyers aren’t using their delivery for stuff they’re unhappy with or against.
There are 4 types of Licenses a Seller can work with a Buyer on HostJane:
Buyer Owns Rights (Free)
All rights and title in Work created by the Seller are transferred to the Buyer after release of payment.
Buyer can only use the Work in non-commercial projects. Great for personal projects.
Buyer can use the Work in 1 commercial service or project with limited end use. Seller must be credited.
Buyer is granted full rights and title in the Work when they release payment to Buyer. Seller credit not required.
The table below explains the different limits of each license.
Here are some really important definitions to help understand each licensing agreement:
- “End Product” means the Final Work that Seller delivers to Buyer as a result of Buyer purchasing the Seller ‘s Service offered in the Listing.
- “End User” means the natural human person who actually uses Seller deliverable, Final Work paid for by Buyer.
- “Non-Commercial Use” is use for solely personal purposes by a natural person (a real human being not a legal entity)—includes uses in artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold.
- “Commercial Use” is use in any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. This includes any use by a business or company for private or commercial applications.
|Use of End Product||Buyer Owns Rights||Personal||Limited||Unlimited|
|Licensee||FLegal Individual or Company||Legal Individual or Company||Legal Individual or Company||Legal Individual or Company|
|Owner of IP & Rights||Buyer||Seller||Seller||Seller|
|Commercial Use||Yes||Not permitted||Yes||Yes|
|Number of End Users||Unlimited||Up to 1,000 lifetime users||Up to 250,000 lifetime users||Unlimited lifetime users|
|Use in Digital End Products or Services for Sale||Unlimited use||Not permitted||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Unlimited use|
|Use in Physical End Products or Services for Sale||Unlimited use||Not permitted||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Unlimited use|
|Use in Software for Sale||Unlimited use||Not permitted||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Unlimited use|
|Internet Streaming||Unlimited use||Non-Commercial Streaming Only||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Unlimited use|
|Broadcast Use||Unlimited use||Non-Commercial Streaming Only||Up to 250,000 lifetime viewers||Unlimited lifetime viewers|
|Social Media Use||Unlimited use||1 personal account||1 commercial account||Unlimited commercial accounts|
|On-Demand Products/Services||Unlimited use||Not permitted||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Unlimited use|
|Use in Mobile, Desktop or App Products/Services||Unlimited use||Not permitted||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Unlimited use|
|Use in Stock Items/Templates for Sale||Unlimited use||Not permitted||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Unlimited use|
|Use in Trademarks, Trade-Names, Service or Design Marks||Unlimited use||Up to 1,000 lifetime users||Up to 250,000 lifetime users||Unlimited use|
|Physical Ads||Unlimited use||Up to 1,000 lifetime users||Up to 250,000 lifetime users||Unlimited ads for local, national, and global markets|
|Digital Ads||Unlimited use||Up to 1,000 lifetime users||Up to 250,000 lifetime users||Unlimited use|
|Making Public or Sharing of End Product with Third-Parties||Permitted||Not permitted||1 title or 1 service; used, downloaded, or sold up to 250,000 times||Permitted|
|Seller Credit Required||Not required||Required||Required||Not required|
What is copyright and why does it matter?
In Intellectual Property (IP) law, Copyright is defined as a person or company’s exclusive legal right “to reproduce, publish, sell, or distribute the matter and form of something”.
Copyright protects the creators of the following types of original Work:
- Computer software, databases and code
- Literary works including fiction and non-fiction books, poetry and articles
- Dramatic works including plays, scripts, lyrics and musicals
- Visually artistic works, such as artwork, illustrations, jewelry and fashion
- Motion pictures including videos, TV, animation, video games
- Sound, songs and musical compositions songs
- Photographs and graphics
- Architectural prints
Copyright does not protect:
- Methods of operation
HostJane recommends all Users to obtain a U.S. Federal Registration of your copyrighted work, however, under the Berne Convention, a copyright notice or registration of copyright is not required for a creator to have a legal right to copyright in their originally-created Work.
Notice on Stock Photography, Music and Third-Party Content in Services
- If you’re a Seller using third-party content like stock photos in your Listing or Service, unless you have obtained permission to use the content without a model release or crediting the source, you must credit the source.
- State clearly to anyone who purchases your Service that you are in part using third-party licensed content and exactly what parts of the End Product contain third-party content as well as the conditions of the other license. A split-license will apply to the End Product.
- You cannot use pictures of children or minors anywhere on HostJane (with or without parental consent)
- Never plagiarize or present someone else’s Work as your own.
For more information on copyright, download the United States Copyright Office PDF on Copyright Basics or find a qualified attorney in IP law to help guide you.
Does U.S. law govern HostJane licenses between Buyers and Sellers?
Yes, all HostJane licenses between Buyers and Sellers are governed by the laws of the State of Wyoming, USA, irregardless of where you are based.
Disputes requiring arbitration between parties must be submitted under the rules of arbitration of the American Arbitration Association applying to Wyoming law.
Can I sell without a license?
Essentially not. If Seller does not want Buyer to pay for a use license, unless given elsewhere in Seller’s Listing, the Buyer will own all rights to finished Work with HostJane’s default Buyer Owns Rights (BOR) licence.
Seller must still select Buyer Owns Rights (BOR) when creating Listing.
I’m a Seller. Which License should I use?
How you license your Service is your business. We use a Seller-driven pricing model to put you in control.
Note: If you are teaching an online lesson, you cannot sell a license with your lesson on HostJane.
Here’s a quick recap of Licensing options
Give the Buyer all the commercial rights to the Final Work included in your Service with the Buyer Owns Rights License
Sell the Buyer the rights to your Work under the Personal, Limited and Unlimited agreements.
If your Service is complex or difficult, depending on your Service Cost it may be advisable to charge to license your Work commercially. It depends on your industry and expectations.
Do Licenses expire?
The Buyer Owns Rights (most common) and Unlimited licenses can only end if the terms are breached by the Buyer (Licensee).
Personal and Limited and licenses can end if:
- Buyer breaches terms of license
- Seller discontinues or withdraws the “ End Product” (Final Work delivered by the Seller)
In all licensing arrangements, a time limit of 1 year applies to both Buyer and Seller taking legal action from the date of a dispute over the use of an End Product.
How do I change license?
You will need to contact the Seller of the Final Work (End Product) and arrange a new license or upgrade with them.
The Seller may require you to pay the difference to upgrade your license.
What is a Split License?
When a Seller includes elements or components from third-party licensed Work in the “End Product” that they deliver to the Buyer of their Service, the situation is known as a split licensing arrangement.
In a Split license, there may be 2 or more licenses governing the use of the End Product and there may be conflicts.
HostJane advises Sellers to be upfront with Buyers if they are including other licensed material in Final Work, and not to represent other people’s Work as their own.
The most common scenario this occurs is use of Stock Photography, with or without a model release, because the third-party materials have different legal conditions applied that are usually outside the scope of the license the Seller sells their Work to the Buyer.
Table of contents
- Buyer Owns Rights
- Personal license
- Limited license
- Unlimited license
- Buyer Owns Rights FAQ
- Personal license FAQ
- Limited license FAQ
- Unlimited license FAQ
- Seller Cases