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The Nitty-Gritty


what is licensing?

Through licencing, a legal contract gives the other party (you) permission to utilise the intellectual property (IP) in the methods specified by the IP owner (Hoopla & Hype). The designer (Hoopla & Hype) will continue to maintain copyright of the patterns but we allow others to copy, distribute, and market goods that use our designs via licensing. All designs are copyright protected, meaning it is protected by copyright law and grants the designer  (Hoopla & Hype) exclusive rights to distribute our designs.

The terms and conditions under which the licensed patterns may be used, such as the license's duration, territory, and exclusivity, are specified in these licences.



what is copyright? 

Copyright is a legal right that gives the creator complete control over how and where their original work is used and distributed. It gives the creator the authority to determine how their creations are utilised, copied, and monetised. Copyright infringement occurs when a creators designs are used or reproduced without permission. Owners of copyrights are entitled to file a lawsuit against violators in order to obtain damages and an injunction to stop further unauthorised usage. Infringement of copyright can have severe repercussions. It is crucial that both parties are aware of the terms and responsibilities of any licensing agreement before engaging into one.

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Exclusive & non-exclusive licenses

Clients are given the option of licensing designs non-exclusively or exclusively.

Non- exclusive; Non-exclusive is a 2 year agreement and permits a number of different licensees to use the same design. A non-exclusive license means the design will not be exclusive to your brand and can be used by other brands including those within the same industry, but not for the same product categories. As an example, should a homewear brand acquire the pattern for their bedding line, it won't be up for grabs for another homewear company to use for the same product. However, a homewear business would be able to swoop in and snag the pattern for their own use on alternative homeware products. 

Exclusive; Exclusive is where the design is exclusive to your brand and your chosen category for a 2 year period, additionally you will have the right to renew upon the completion date.

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