LICENSE

8 definitions found across Law Mind sources

LICENSEAuthored
The Law Mind • 1783 words
Definition
A license is a permission — granted by a competent authority or a rightful owner — that authorizes the holder to do something that would otherwise be unlawful, tortious, or a trespass. The term carries distinct meanings across several legal contexts, and researchers should be alert to which sense is operative in any given source. 1. PUBLIC / REGULATORY LICENSE. Permission granted by a government or administrative body authorizing an individual or entity to engage in a regulated activity — practicing medicine, operating a motor vehicle, selling alcohol, running a business. The license does not convey a property right in the regulated activity itself; it is a revocable privilege subject to the state's police power. Refusal, suspension, or revocation triggers procedural due process protections where the holder has a legitimate expectation of continued licensure. 2. PROPERTY / REAL PROPERTY LICENSE. A personal, revocable permission granted by a landowner (the licensor) to another (the licensee) to enter or use the land for a specified purpose without being a trespasser. Unlike an easement, a license creates no interest in land, runs with no deed, and — unless coupled with an interest — is freely revocable by the licensor. A license coupled with an interest (also called an executed license) is irrevocable for so long as the interest subsists. 3. INTELLECTUAL PROPERTY LICENSE. A grant by the owner of a copyright, patent, trademark, or trade secret authorizing another to use the protected subject matter, typically under defined conditions (scope, territory, duration, royalty). An IP license may be exclusive or non-exclusive and may or may not include the right to sublicense. In trademark law, a license unsupported by quality control by the licensor constitutes "naked licensing" and can result in abandonment of the mark. 4. CONTRACT / PRIVATE LICENSE. A permission embodied in or accompanying a contract that allows a party to do something the licensor would otherwise have the legal power to prohibit. Software end-user license agreements (EULAs) are the most common modern form. ---
Common Language
Modern common usage (Wiktionary): Permission to do something; a document evidencing such permission; informal usage includes "poetic license" (creative latitude) and "license" as loose freedom of action. Historical common usage (Webster's 1913): "Authority or liberty given to do or forbear any act; especially, a formal permission from the proper authorities to perform certain acts or to carry on a certain business, which without such permission would be illegal." The gap between common and legal meaning is not in the core concept — both recognize license as permission — but in the legal consequences that attach. In ordinary usage, a license suggests a document or grant with durable effect. In real property law, the critical legal point is precisely the opposite: a license (absent coupling with an interest) is fragile, personal, and revocable at will, with no binding effect on successors to the land. Researchers treating a real property license as conferring something durable will misread both historical and modern sources. ---
Common Confusion
LICENSE vs. EASEMENT (Real Property): Both permit use of another's land, but the distinction is fundamental. An easement is an interest in land, must generally satisfy the Statute of Frauds, binds successors, and is not freely revocable. A license is none of these things. Historical sources sometimes use the terms loosely; courts have long struggled with cases where conduct suggests an easement was intended but only license language was used. The doctrine of license coupled with an interest, and the related equitable doctrine of irrevocable license by estoppel, exist precisely because the line can blur in practice. LICENSE vs. FRANCHISE: A franchise (in the regulatory sense) is a specific grant of authority from a sovereign or public body, often carrying exclusive rights in a defined territory or market. A regulatory license is typically non-exclusive and more broadly available to qualified applicants. Historical sources, including Rapalje & Lawrence, sometimes treat franchise as a species of public license, which can mislead researchers into conflating the two. LICENSE vs. LEASE (Real Property / IP): A lease conveys a possessory interest in property for a term; a license does not. In IP contexts, courts occasionally must determine whether an agreement labeled a "license" is functionally a transfer (assignment) of rights, which carries different legal consequences — particularly in copyright and patent law. ---
Recognized Forms
/SUBTYPES Bare license: A simple, revocable permission with no consideration and no accompanying interest. Revocable at will. License coupled with an interest: A license granted in connection with a property right or interest belonging to the licensee (e.g., a license to enter land to retrieve timber the licensee has purchased). Irrevocable so long as the interest subsists. Irrevocable license by estoppel: An equitable doctrine preventing revocation where the licensee has made substantial expenditures in reasonable reliance on the license. Courts vary in how readily they apply this doctrine. Exclusive license (IP): Grants rights in the licensed subject matter to one licensee to the exclusion of all others, including — depending on the grant's terms — the licensor itself. Non-exclusive license (IP): Grants rights to one licensee without restricting the licensor from granting identical rights to others. Compulsory license: A license the law requires a rights-holder to grant to qualified applicants, typically in exchange for regulated compensation. Appears in patent, copyright, and telecommunications law. Occupational/professional license: A government-issued authorization to practice a regulated profession or trade. ---
Why It Matters in Research
The term "license" is a false friend across legal subfields. A researcher working in real property, administrative law, and intellectual property simultaneously will encounter the word used in three distinct analytical frameworks, each with different formality requirements, different revocability rules, and different consequences for third parties. Context is not merely helpful — it is dispositive. Historical sources before the mid-twentieth century will reflect a real property concept of license that predates both the modern IP licensing industry and the administrative state's dense occupational licensing apparatus. Rapalje & Lawrence, for example, define license primarily through its real property and public-permission dimensions; the IP licensing framework is largely a twentieth-century development and will not appear in nineteenth-century dictionaries. In administrative law research, the critical evolution to track is the shift from license-as-privilege (subject to plenary government control, no due process required) to license-as-entitlement following the mid-twentieth century expansion of procedural due process protections. Sources before approximately the 1960s–1970s may not reflect the constitutional constraints on revocation that modern researchers treat as settled. In IP research, the naked licensing doctrine is a trap: the licensor's failure to maintain quality control over a trademark licensee's goods or services can destroy the mark entirely, regardless of the parties' intent. This is not intuitive from general license doctrine and is frequently missed by researchers approaching trademark through a general property or contract lens. The Law Mind IP Encyclopedia entry on Trademark Abandonment and Naked Licensing addresses this directly. In family law, the marriage license is a regulatory instrument with its own distinct body of law governing capacity, procedural compliance, and the consequences of defect. Researchers should not import general license doctrine into marriage license analysis; the rules governing voidable versus void marriages when licensing requirements are not met are jurisdiction-specific and doctrinely self-contained. Corpus researchers should also watch for license used as a verb ("to license") versus as a noun, and should distinguish between the grant of a license and the instrument or document evidencing that grant — historical sources are not always precise on this point. ---
Historical Dictionary Support
Rapalje & Lawrence define license in terms that map closely onto the real property and public-permission senses: a grant of authority to do something that without such authority would be unlawful or a trespass. Their treatment emphasizes the personal, non-transferable character of a license and its revocability — core doctrinal points that remain accurate today in the real property context. They note the distinction between a bare license and a license coupled with an interest, treating the latter's irrevocability as settled law. What Rapalje & Lawrence, like virtually all nineteenth-century legal dictionaries, do not address is the intellectual property licensing framework and the administrative due process dimensions of occupational licensing — both products of twentieth-century legal development. Researchers relying exclusively on historical dictionaries for license doctrine will find the real property skeleton solid but the modern flesh entirely absent. The historical sources are reliable on the core proposition that license creates no interest in land and does not satisfy the Statute of Frauds — a point courts have applied consistently from the nineteenth century forward. They are also reliable on the public license as a privilege revocable by the granting authority, though they do not anticipate the constitutional constraints that later attached to that revocation power. ---
Jurisdictional Note
Real property license doctrine is broadly consistent across common-law jurisdictions, though the scope of irrevocable license by estoppel varies. Occupational licensing requirements are heavily jurisdiction-specific — a valid license in one state confers no rights in another, and reciprocity agreements vary widely. In IP, federal law governs patent and copyright licensing across U.S. jurisdictions, but trademark licensing must also account for state unfair competition law in some contexts. ---
Encyclopedia Cross-Reference
Licensing — Constitutional Basis, Due Process, and Equal Protection in Occupational Licensing (The Law Mind Administrative Law & Government Encyclopedia) Marriage — Licensing Requirements and Solemnization (The Law Mind Family Law Encyclopedia) Trademark Abandonment and Naked Licensing (The Law Mind Intellectual Property Encyclopedia) ---
Related Terms
Easement — Interest in land; compare and contrast with real property license Franchise (public) — Species of governmental grant; sometimes conflated with license in historical sources Privilege — Broader concept of which license is a specific form in regulatory and real property contexts Permit — Often used interchangeably with regulatory license; may carry distinct procedural implications in specific regulatory schemes Revocation — The mechanism by which a license is terminated; central to all license doctrine Estoppel — Equitable basis for irrevocability of otherwise revocable licenses Covenant — Binds successors in interest; contrasted with licensewhich does not Assignment (IP) — Transfer of ownershipas distinct from a license to use Naked Licensing — Trademark doctrine; failure of licensor quality control leading to abandonment Trespass — The wrong a real property license prevents; foundational to understanding why the doctrine exists Statute of Frauds — Does not apply to licenses; critical distinction from easements and leases
LICENSEmain
Black's Law Dictionary • 1891
In the law of contracts. A permission, accorded by a competent au- thority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. the written evidence of such permission. Also In real property law. An authority to do a particular act or series of acts upon an- other's land without possessing any estate therein. Also the written evidence of au- thority so accorded. It is distinguished from an "easement," which implies an interest in the land to be affected, and a "lease," or right to take the profits of land. It may be, however, and often is, coupled with a grant of some interest in the land itself, or right to take the profits. 1 Washb. Real Prop. *398. In pleading. A plea of justification to an action of trespass that the defendant was authorized by the owner of the freehold to commit the trespass complained of. In the law of patents. A written au- thority granted by the owner of a patent to another person empowering the latter to make or use the patented article for a limited period or in a limited territory. In international law. Permission granted by a belligerent state to its own sub- jects, or to the subjects of the enemy, to car- ry on a trade interdicted by war. Wheat. Int. Law, 447. Marriage license. A marriage license is an authority enabling two persons to be mar- ried.
LICENSEmain
Black's Law Dictionary (2nd Ed.) • 1910
having their mints, coined money, and often very bad money, too, for which reason, though the pound consisted of 20 shillings, they weighed it. Enc. Lond. In the law of contracts. A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. State v. Hipp, 88 Ohio St. 226; Youngblood v. Sexton, 32 Mich. 406, 20 Am. Rep. 654; Hubman Vv. State, 61 Ark. 482, 833 S. W. 843; Chicago v. Collins, 175 Ill. 445, 51 N. E. 907, 49 L. R. A. 408, 67 L. R. A. 224. Also the written evidence of such permission. In real property law. An authority to do a particular act or series of acts upon another’s land without possessing any estate therein. Clifford v. O’Neill, 12 App. Div. 17, 42 N. Y. Supp. 607; Davis v. Townsend, 10 Barb. (N. Y.) 343; Morrill v. Mackman, 24 Mich. 282, 9 Am. Rep. 124; Wynn v. Garland, 19 Ark. 23, 68 Am. Dec. 190; Cheever v. Pearson, 16 Pick. (Mass.) 266. Also the written evidence of authority so accorded. It is distinguished from an “easement,” which ee an interest in the land to be affected, and a “lease,” or right to take the profits of land. It may be, however, and often, is, coupled with a grant of some interest in the land itself, or right to take the profits. 1 Washb. Real Prop. *398. In pleading. A plea of justification to an action of trespass that the defendant was authorized by the owner of the freehold to commit the trespass complained of. In the law of patents. A written authority granted by the owner of a patent to another person empowering the latter to. make or use the patented article for a limited period or in a limited territory. In international law. Permission granted by a belligerent state to its own subjects, or to the subjects of the enemy, to carry on a trade interdicted by war. Wheat. Int. Law, 447. —High Hcense. A system for the regulation and restriction of the traffic in intoxicating liquors, of which the distinguishing feature is the grant of licenses only to carefully selected persons and the charging of a_ license fee so great in amount as automatically to limit the number of retailers—Letter of license. In English law, a written instrument in the nature of an agreement, signed by all the creditors of a failing or embarrassed debtor in trade, granting him an extension of time for the payment of the debts, allowing him in the mean time to carry on the business in the hope of recuperation, and protecting him from arrest, suit, or other interference pending the agreement. This form is not usual in America; but something similar to it is found in the ‘“‘composition” or “extension agreement,” by which all the creditors agree to fund their claims in the form of promissory notes, concurrent as to date and maturity, sometimes payable scrially and sometimes-extending over a term of years. Provision is often made for the supervision or pare control of the business, in the mean time, y a trustee or a committee of the creditors. in which case the agreement is sometimes called a “deed of inspectorship,” though this term is more commonly used in England than in the United States—License cases. The name given to the group of cases including Peirce v. New Hampshire, 5 How. 504, 12 L. Ed. 256, decided by the United States supreme court in 1847, to the effect that state laws requiring a license or the payment of a tax for the privilege of selling intoxicating liquors were not in conflict with the constitutional provision giving to congress the power to regulate interstate commerce, even as applied to liquors imvorte! from another state and remaining in the original and unbroken packages. This decirgion was overruled in Leisy v. Hardin. 135 U. S. 100, 10 Sup. Ct. 681. L. Ed, 12S, which in turn was counteracted by the act of congress of August 8, 1890, commonly called the “‘Wilson law.’~License fee or tax. The price paid to governmental or municipal authority for a license to engage in and pursue a_ particular calling or occupation. See Home Ins. Co. v. Augusta, 50 Ga. 537; Levi v. Louisville, 97 Ky. 394, 30 S. W. 973, 28 L. R. A. 480.—License in amortization. A license authorizing a conveyance of property which, without it, would be invalid under the statutes of mortmain.— Marriage license. A written license or permission granted by public authority to persons who intend to intermarry, usually addressed to the minister or magistrate who is to perfom the ceremony, or, in general terms, to any one authorized to solemnize marriages.—Registrar’s license. In English law, a license issued by an officer of that name authorizing the solemnigation of a marriage without the use of the religious gd ordained by the Church of England.—Rod license. In Canadian law, a license, granted on payment of a tax or fee, rmitting the licensee to angle for fish (particuarly salmon) which are otherwise protected or reserved.—Special license. In English law. ne granted by the archbishop of Canterbury to authorize a marriage at avy time or place whatever. 2 Steph. Comm, 247, 200.
LICENSEmain
Rapalje & Lawrence • 1883
See 2. "Liberty" is also used as equivalent to "franchise" (q. v.) both as denoting a right and as denoting the place where the right is exercisable. Thus, the Liberty of the Savoy is a place subject to a franchise. Viner Abr., Franchise, B. 8. As to writs of execution, see NON OMITTAS. LIBERTY, (defined). 3 Conn. 467. (in a deed). 4 Barn. & C. 485. (755) of the peace. It only means that government shall not inquire beforehand what an individual intends to say, to restrict him. Abbott. (756) when killed, is in truth a grant of the deer with a license annexed to come on the land, and if the grant is good the license is irrevocable. (Shelf. R. P. Stat. 60.) So a license may be irrevocable if granted for valuable consideration. Browne Div. 56. 24. Marriage license. - A marriage license is an authority enabling two persons to be married.* 5. Intoxicating liquors, &c.-Licenses for the manufacture and sale of intoxicating liquors are of different kinds, according to the authorities by whom they are granted.† * Such licenses are of three kinds in England. A special license is granted by the Archbishop of Canterbury, and enables the parties to be married in any church or chapel or other meet and convenient place. An ordinary license is granted by any archbishop or bishop for the marriage of persons within his diocese in a church or chapel in which banns may lawfully be published. (Browne Div. 56, 68.) A superintendent registrar's license is one granted by the superintendent registrar of the district in which the parties, or one of them, reside, authorizing the solemnization of a marriage between them according to the rites of the Church of England, or the usages of the Quakers or Jews, &c., or such form as they think fit to adopt. Id. 65. See MARRIAGE; MARRIAGE ACTS. † A magistrate's or justice's license is granted, in England, as a kind of certificate that the applicant is a proper person to be intrusted with the sale of intoxicating liquors, and that the "premises" which he occupies are fit for the purpose. In counties, new licenses are granted by the justices present at the meeting held by them every year, and called "the general annual licensing meeting," and must be confirmed (except in the case of outdoor licenses) by a standing committee, appointed every year from among themselves by the justices at quarter sessions, and called "the county licensing committee." (Act of 1828 1828, 31; Act of 1872, 237; Act of 1874, § 32.) In boroughs, licenses are granted by b "the borough licensing committee," appointed ev every vear from among themselves by the borough justices, and confirmed by the whole body of borough justices, or if the borough has not ten justices, licenses are granted by the borough justices, and confirmed by a "joint committee" composed of six borough and county justices. Act of 1872, 238. The magistrate's license entitles the holder to take out the corresponding excise license, which is granted by the commissioners of inland revenue, and is a mode of levying a tax on the sale of liquors and refreshments. Both magistrates' and excise licenses require to be renewed every year, and are of various descriptions, according to the number and kind of liquors authorized to be sold under them, (the public-house license; the beer license, &c.,) and to the question whether the liquor is to be consumed on or off the premises, (indoor and outdoor licenses; shop-keepers' wine license, &c.,) LICENSE, (defined). 4 Blatchf. (U. S.) 206; 3 Wall. (U. S.) 441; 9 Wheat. (U. S.) 1, 213; 50 Ga. 530, 537; 11 Mass. 533, 537; 24 Mich. 279; 4 Sandf. (N. Y.) Ch. 72; 44 Superior (N. Y.) 136, 140; 15 Wend. (N. Y.) 380; 4 Watts (Pa.) 232; 3 Kent Com. 452. (what is). 11 Mass. 533; 14 Id. 403; 4 Johns. (N. Y.) 418; 15 Wend. (N. Y.) 380, 390, 392; 5 Car. & P. 460; 4 East 469; Palm. 71; Say. 3. 3 Nev. & Μ. 691. (what is not). 9 Johns. (N. Y.) 35; (distinguished from "grant"). 3 Duer (N. Y.) 255, 258. (distinguished from "easement"). 4 Sandf. (N. Y.) Ch. 72; 15 Wend. (N. Y.) 380; 4 Watts (Pa.) 232; Ang. Waterc. & 285; 3 Kent Com. 452. and to the time during which they authorize the consumption (the six-day license, i. e. excluding Sundays; the early closing license, &c. For an an enumeration of the various licenses, see Lely & Foulkes's Licensing Acts 7.) A provisional license may also be granted in respect of premises about to be constructed or in course of construction. (Act of 1874, § 22.) An additional license is one granted to the holder of a "strong beer dealer's wholesale excise license," and authorizes him to sell beer by retail for consumption off the premises. Stats. 26 and 27 Vict. c. 33, § 1; 43 Vict. c. 6. There are also excise licenses granted without the necessity of a magistrate's license, e. g. the refreshment house license, (23 Vict. c. 27, 6,) which does not authorize the sale of intoxicating liquors, (Lely & Foulkes 10,) and the licenses to brewers, wholesale beer dealers, maltsters, distillers, dealers in foreign wines, manufacturers of and dealers in tobacco, &c. Stat. 6 Geo. IV. c. 81, and the other acts mentioned in the index to the statutes, title "Brewer." Among miscellaneous licenses, or licenses not granted in the usual way by justices or the excise authorities, may be mentioned the "occasional license" in the strict sense of the word, namely, a license granted by the excise authorities, on the written consent of a justice, to a person already licensed to sell liquors to be consumed on the PUBLIC HOUSE, (distinguished from "public place"). 26 Ala. 69. (a broker's office is). 31 Ala. 371. (a barber shop is). 30 Ala. 550. (country store-house is). 27 Ala. 47; 29 Id. 40; 30 Id. 524, 532. (house of a toll-bridge keeper is). 29 Ala. 46. 37 Id. 472. Ala. 19. (a saddler's shop is). 32 Ala. 596. (a lawyer's office is). 26 Ala. 135; (office of a justice of the peace is). 30 (a boarding house is not). 3 Brews. (Pa.) 344. (a physician's office is not, within statute against gaming). 25 Ala. 78. (a privy of a country school-house during vacation is not). 35 Ala. 390. 688. (in covenant in deed). L. R. 2 Eq. PUBLIC HOUSE, AT A, (in an indictment for playing cards). 19 Ala. 528. PUBLIC IGNOMINY, (defined). 38 Iowa 220. PUBLIC INDECENCY, (in a statute). 10 Ind. 140; 16 Id. 335, 338. PUBLIC INSTITUTION, (the University of Alabama is). 5 Stew. & P. (Ala.) 17. (the University of North Carolina is). 8 Ired. (N. C.) Eq. 257. PUBLIC LANDS, (defined). 2 Otto (U. S.) 761; 10 Nev. 290. PUBLIC LAWS, (what are). 2 Hill (N. Y.) 241; 1 T. R. 125; 2 Id. 569. 49 Vt. 282. (in charter of a village corporation). PUBLIC LIBRARY, (what is not). 9 R. I. 559.
LICENSEn.
Websters Unabridged Dictionary (1913) • 1913
Authority or liberty given to do or forbear any act; especially, a formal permission from the proper authorities to perform certain acts or to carry on a certain business, which without such permission would be illegal; a grant of permission; as, a license to preach, to practice medicine, to sell gunpowder or intoxicating liquors. To have a license and a leave at London to dwell. P. Plowman. The document granting such permission. Addison. Excess of liberty; freedom abused, or used in contempt of law or decorum; disregard of law or propriety. License they mean when they cry liberty. Milton. That deviation from strict fact, form, or rule, in which an artist or writer indulges, assuming that it will be permitted for the sake of the advantage or effect gained; as, poetic license; grammatical license, etc.
LICENSEv.
Websters Unabridged Dictionary (1913) • 1913
To permit or authorize by license; to give license to; as, to license a man to preach. Milton. Shak.
licensenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A legal document giving official permission to do something; a permit. | The legal terms under which a person is allowed to use a product, especially software. | Freedom to deviate deliberately from normally applicable rules or practices (especially in behaviour or speech). | Excessive freedom; lack of due restraint. | Ellipsis of driver's license.
licenseverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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To authorize officially. | (applied to a piece of intellectual property) | To give formal authorization to use. | (applied to a piece of intellectual property) | To acquire authorization to use, usually in exchange for compensation. | To give permission or freedom to; accept. | To permit (as grammatically correct).

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