Photo Licensing Agreement Template for Austria

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Key Requirements PROMPT example:

Photo Licensing Agreement

"I need a Photo Licensing Agreement for a fashion magazine to license 20 editorial photographs from a professional photographer, with exclusive worldwide usage rights for 12 months starting January 2025, including both print and digital platforms."

Document background
The Photo Licensing Agreement is a critical legal instrument used when a copyright holder wishes to grant specific usage rights for photographic works to another party under Austrian law. This document is essential for professional photographers, agencies, and businesses engaged in the creation, distribution, or use of photographic content. The agreement typically includes detailed specifications about licensed photos, permitted uses, territorial scope, duration, and compensation terms. It ensures compliance with Austrian copyright law (Urheberrechtsgesetz) while protecting both the licensor's intellectual property rights and the licensee's commercial interests. The document is particularly relevant in today's digital age where image usage spans multiple platforms and territories.
Suggested Sections

1. Parties: Identification of the photographer/copyright holder (licensor) and the party receiving the license (licensee)

2. Background: Brief context about the photographer's ownership of the photos and the licensee's intended use

3. Definitions: Key terms including Licensed Photos, Territory, Term, Usage Rights, and other relevant definitions

4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license

5. License Fee and Payment Terms: Financial terms, payment schedule, and any royalty arrangements

6. Delivery and Format: Specifications for delivery of photos, including format, resolution, and timing

7. Attribution and Copyright Notice: Requirements for crediting the photographer and maintaining copyright notices

8. Warranties and Representations: Guarantees regarding ownership, right to license, and quality of photos

9. Term and Termination: Duration of the agreement and circumstances for early termination

10. Governing Law and Jurisdiction: Specification of Austrian law and competent courts

Optional Sections

1. Exclusivity Provisions: Used when the license is exclusive to the licensee in specified territories or contexts

2. Sublicensing Rights: Include when licensee is permitted to sublicense the photos to third parties

3. Moral Rights Waiver: Specific provisions regarding the photographer's moral rights under Austrian law

4. Model and Property Releases: Include when photos contain identifiable individuals or private property

5. Digital Rights Management: Include when specific technical protection measures are required

6. Modification Rights: Used when licensee is permitted to edit or modify the photos

7. Usage Reporting: Include when licensee must report on how photos are being used

8. Insurance Requirements: Include for high-value licenses or specific commercial uses

Suggested Schedules

1. Schedule A - Licensed Photographs: Detailed list of all photographs covered by the license, including reference numbers and descriptions

2. Schedule B - Technical Specifications: Detailed technical requirements for photo delivery, including file formats, resolution, and color specifications

3. Schedule C - Usage Guidelines: Specific guidelines and restrictions for how the photos may be used

4. Schedule D - Fee Schedule: Detailed breakdown of licensing fees, including any variable pricing based on usage

5. Appendix 1 - Model Releases: Copies of model releases for photos containing identifiable individuals

6. Appendix 2 - Property Releases: Copies of property releases for photos containing private property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Media and Entertainment

Advertising and Marketing

Publishing

Education

Retail

E-commerce

Tourism and Hospitality

Real Estate

Fashion and Beauty

Corporate Communications

News and Journalism

Art and Design

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Editorial

Design

Content Operations

Intellectual Property

Commercial

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Legal Counsel

Copyright Officer

Art Director

Digital Asset Manager

Publications Manager

Brand Manager

Communications Director

Procurement Manager

Stock Photo Agency Manager

Editorial Director

E-commerce Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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