9th Cir. Model Jury Instr. (Civil) 17.27

The defendant [name] contends that [he] [she] [other pronoun] is not liable for copyright infringement because the plaintiff [name] granted [him] [her] [other pronoun] an express license to [copy] [distribute] [use] the plaintiff [name]’s copyrighted work. The plaintiff [name] cannot claim copyright infringement against a defendant [name] who [copies] [distributes] [uses] the plaintiff [name]’s copyrighted work if the plaintiff [name] granted the defendant [name] an express license to [copy] [distribute] [use] the work.

To show the existence of an express license, the defendant [name] has the burden of proving that [he] [she] [other pronoun] received an express license to [copy] [distribute] [use] the plaintiff [name]’s copyrighted work.

If the defendant [name] proves this, the burden shifts to the plaintiff [name] to show that the defendant [name]’s [copying] [distribution] [use] of the plaintiff [name]’s copyrighted work exceeded the scope of the license.

[I have separately instructed you on the scope of the license agreement between the parties.]

If you find that the defendant [name] has proved that the plaintiff [name] granted [him] [her] [other pronoun] an express license to [copy] [distribute] [use] the copyrighted work, your verdict should be for the defendant [name] [on that portion of the plaintiff’s copyright infringement claim], unless the plaintiff [name] proves the defendant [name]’s [copying] [distribution] [use] of the plaintiff [name]’s copyrighted work exceeded the scope of the license. If the plaintiff [name] proves this, your verdict must be for the plaintiff [name].