A Photo Licensing Agreement is essential for protecting intellectual property rights and establishing clear terms for the commercial use of photographic works in the United Arab Emirates. This document is typically used when photographers, photography studios, or agencies want to license their work to clients while retaining copyright ownership. It must comply with UAE Federal Law No. 7 of 2002 and related regulations governing copyright protection and commercial transactions. The agreement covers crucial elements such as usage rights, territorial restrictions, duration, modification rights, and compensation terms. It's particularly important in the UAE market where digital content usage is rapidly growing and cross-border transactions are common. The document should address both traditional and digital usage rights, include proper attribution requirements, and account for UAE-specific commercial and cultural considerations.
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1. Parties: Identification of the licensor (photographer/copyright owner) and licensee, including full legal names and contact details
2. Background: Context of the agreement, brief description of the photographs, and the parties' intentions
3. Definitions: Key terms used in the agreement including 'Licensed Photos', 'Territory', 'Usage Rights', 'License Fee', and 'Term'
4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), permitted uses, and territory
5. License Fee and Payment Terms: Financial terms, payment schedule, and any recurring fees or royalties
6. Term and Termination: Duration of the license and circumstances under which it can be terminated
7. Copyright and Ownership: Affirmation of the photographer's copyright ownership and retention of rights
8. Usage Restrictions: Specific limitations on how the photos can be used, modified, or sublicensed
9. Warranties and Representations: Guarantees regarding ownership, third-party rights, and quality of the photographs
10. Indemnification: Mutual protection against claims arising from breach of agreement or misuse
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Model Releases: Required when licensed photographs contain recognizable individuals, confirming proper releases have been obtained
2. Property Releases: Required when photographs feature private property or protected landmarks
3. Digital Rights Management: Include when specific technical protections or watermarking requirements apply
4. Social Media Usage: Include when photos will be used on social media platforms
5. Geographic Restrictions: Include when license is limited to specific countries or regions
6. Moral Rights: Include specific provisions about attribution and photographer's moral rights
7. Confidentiality: Include when dealing with sensitive or exclusive content
8. Insurance Requirements: Include when high-value photographs or significant commercial use is involved
1. Schedule 1 - Licensed Photographs: Detailed list and description of all photographs covered by the license, including file names and thumbnails
2. Schedule 2 - License Fee Schedule: Detailed breakdown of fees, payment terms, and any usage-based pricing
3. Schedule 3 - Technical Specifications: Format, resolution, and delivery specifications for the licensed photographs
4. Appendix A - Permitted Usage Examples: Specific examples and scenarios of allowed and prohibited uses
5. Appendix B - Credit Line Requirements: Specific requirements for photographer attribution in different contexts
6. Appendix C - Model/Property Releases: Copies of all relevant releases and permissions
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