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Risk Academy, led by the Nexus Consortium · Governance, Policy and International Affairs · Department of Law and Regulation

Clauses that allocate risk, open and commercial licences, intellectual property and names

Contracts, intellectual property and licensing

Contracts, intellectual property and licensing covers how contracts and clauses allocate risk, and the licensing of data, software, models and names: indemnities, force majeure, liability, open and commercial licences, intellectual property and trademarks, and why licensing and naming are legal and trust risks, not only formalities.

01Scope

What the discipline covers

The subtopics its courses and labs teach.

Courses
1 course open
Levels
L2 Intermediate
Labs
Map lab, Geo quiz
  • Contracts and clauses for risk
  • Force majeure and hardship
  • Liability and indemnity
  • Data and software licensing
  • Model and content licensing
  • Intellectual property
  • Trademarks and public names
  • Licence compliance in practice

Courses in development extend the scope to one further subject: Naming, trademarks and public identity risk.

02Maps

Build a twin of any place

Search any place or open the world; the layers and generators follow contracts, intellectual property and licensing on the planet map, the globe and in 3D.

The Horn of Africa and the Nile basin states: a flat plan of the faculty twin. 13 countries; First-level divisions, geoBoundaries gbOpen with a licence gate per boundary: read live when the 3D twin opens; Natural events, NASA EONET: read live when the 3D twin opens. Graticule every five degrees; countries (natural earth 1:110m) as outlines.
The Horn of Africa and the Nile basin states, Ethiopia, Kenya, Somalia, Sudan, South Sudan, Eritrea, Djibouti, Uganda and neighbours. Flat map of the same data: the 13 countries on a graticule and the numbers below. The globe opens on devices that can draw it, once its code has been checked; the live events and divisions load in the globe on request, each with its data date.
  • 13 countries
  • First-level divisions, geoBoundaries gbOpen with a licence gate per boundary: read live when the 3D twin opens
  • Natural events, NASA EONET: read live when the 3D twin opens
Credits and dates per layer are listed under the stage. Countries are raised on the globe for legibility.

Drag to turn the globe, Ctrl with the wheel to zoom. Keyboard: arrows turn, + and – zoom, 0 resets, V steps through the views, Escape clears.

Flat map of the same data: the 13 countries on a graticule and the numbers below. The globe opens on devices that can draw it, once its code has been checked; the live events and divisions load in the globe on request, each with its data date.

The boundaries, names and designations shown do not imply any judgement on the legal status of any territory, or any endorsement or acceptance of such boundaries. Countries: Natural Earth (public domain).

03The subject

The subject, methods and measures and debates and bodies

The field and its scope

For counsel, procurement and partnership leads, data and model stewards and anyone who signs or relies on a licence, who need to see how clauses allocate risk and why licensing and naming are trust risks rather than formalities.

04The method

From a fee to a cap: how a limitation of liability clause allocates a loss before it happens

A commercial contract caps the supplier's liability at a multiple of the annual fee; when a breach causes a loss, the recoverable amount is the smaller of the loss and the cap, and the residual falls on the customer, its insurer or the carve-outs the drafting decided.

Sources: Williamson, Transaction-Cost Economics: The Governance of Contractual Relations (1979); Hart and Moore, Incomplete Contracts and Renegotiation (1988); Macaulay, Non-Contractual Relations in Business: A Preliminary Study (1963); UNIDROIT, UNIDROIT Principles of International Commercial Contracts 2016 (2016); Benkler, Coase's Penguin, or, Linux and The Nature of the Firm (2002).

05At a glance

At a glance, with 5 related topics

Contracts, intellectual property and licensing at a glance

risksacademy.comgovernance-policydiscipline

Contracts, intellectual property and licensing: 1 primary courses open, 1 in preparation and 0 also taught here, across 8 subtopics. Courses: RAT-202 L2 open, RAF-124 L1 in preparation.RAT-202RAF-124
Contracts, intellectual property and licensing at a glance
  • Open, 1
  • In preparation, 1
  • Subtopics, 8
Course codes from the curriculum; study levels L1 to L4.
Twin builderBuild a twin of any placeWorked example: the Horn of Africa and the Nile basin states · 4 generators · 10 layers · 3 instruments
06Console

How Contracts, intellectual property and licensing is taught, as a process you can run

Press Play to run this process from this page's own data.

Process explorer

How Contracts, intellectual property and licensing is taught

16 steps6 stages

07Practice

Practice, learning and connections

How technology helps and what risk it brings

08Take part

Take part in Governance, Policy and International Affairs

Start from who you are.

09References

Core references and where to begin

Start with Macaulay, then Williamson, then Hart.

10Questions

Questions, answers and key terms

Is study here free?
Yes. Every course and learning material of Risk Academy, led by the Nexus Consortium, is free to study, self-paced or with a cohort. Ordinary participation has no fee; paid work, internships and fellowships are separate arrangements.
What does completing a course give me?
A completion record: the course, its version, the date and what was assessed, private by default and shared by you. It stacks into discipline, department and programme achievements. A record states what was studied and assessed and does not certify competence. A record is not a licence, a professional title or an employment status.
Where do the data and the places come from?
Every faculty teaches on a twin of a real place built from open data. Each layer carries its provider, licence and date, and every result on the Academy states its source. Maps and figures are indicators for teaching, never an assessment of a place.
How do I take part beyond the courses in contracts, intellectual property and licensing?
Form a competence cell of three to seven people, study a shared pathway, take a supervised assignment in the National Working Groups, or bring a cohort from your institution. Open the page for organisations.

Key terms

Term

Force majeure

A contract clause that excuses performance when extraordinary events prevent it.

Term

Open licence

A licence that lets others use, share and adapt a work under stated conditions.

Term

Indemnity

A promise to compensate another party for specified losses.

Term

Trademark clearance

Checking that a proposed name does not conflict with existing marks before use.

ReportsContribute

Contribute evidence from this page.

Reports is the Consortium's quarterly publication. What you know about this subject can become evidence, a case or a correction in the next edition, credited to you and published under CC BY 4.0 where it is your own work.

Risk Academy
Contracts, intellectual property and licensing

Start with an open course

The catalogue lists each course with its outcomes, labs, hours and level.