As part of my training programme, I license in third party content. What should I say in my terms and conditions to deal with this. Presumably I need to change the clause that says “I am the sole creator of the programme materials”? How do I ensure that the participants don’t use that licensed in content in a way that would put me in breach of my licence?
If you are licensing in certain materials to use as part of your training program, then, yes, you are right that you cannot state in your terms that you are the sole creator of all of the materials. You would need to amend this so that it says “we are the sole creator or licensee of all of the materials used as part of the training” or words to that effect.
Then you would go on to say “nothing in this agreement shall operate to transfer the ownership of the intellectual property rights in any of the materials provided as part of the training to you. You are licensed to use the materials for the purposes for which the training is provided only and you may not in any circumstances use any or all of such materials to compete with us or the licensor of any of the materials or to disclose to any third party any of the materials for any reason other than that for which the training is provided.”
You would also be wise to review the terms of the license from the third-party and add any additional restrictions into your agreement with your clients.
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