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Photographers License

Photographers License Template for Austria

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Key Requirements PROMPT example:

Photographers License

"I need a Photographer's License agreement for exclusive worldwide rights to use 50 product photographs in our e-commerce store and marketing materials, with the license starting January 1, 2025, for a period of two years."

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Document background
The Photographer's License agreement is essential for professional photography transactions in Austria, providing a legally robust framework for licensing photographic works. It is designed to comply with Austrian copyright law (Urheberrechtsgesetz) and related regulations, including EU directives. This document should be used whenever a photographer or photography studio grants rights to use their photographs to clients, whether for commercial or non-commercial purposes. The agreement covers crucial elements such as usage scope, territorial limits, duration, fees, attribution requirements, and moral rights protection. It's particularly important in the Austrian context where moral rights (Urheberpersönlichkeitsrechte) cannot be fully waived and must be specifically addressed in the agreement.
Suggested Sections

1. Parties: Identification of the photographer (licensor) and the licensee, including full legal names and addresses

2. Background: Brief context of the agreement and relationship between parties

3. Definitions: Key terms used in the agreement including 'Licensed Works', 'Territory', 'Usage Rights', etc.

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. Photographer's Rights and Obligations: Including moral rights, delivery obligations, and quality guarantees

7. Licensee's Obligations: Usage restrictions, attribution requirements, and other obligations

8. Copyright and Ownership: Assertion of photographer's copyright ownership and intellectual property rights

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

10. General Terms: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Exclusivity: Used when granting exclusive rights to the licensee for specific uses or territories

2. Sub-licensing Rights: Include when licensee is permitted to sub-license the photographs to third parties

3. Model Releases: Required when photographs include identifiable individuals

4. Social Media Usage: Specific terms for social media platforms and digital usage

5. Modification Rights: Terms regarding the licensee's right to edit or modify the photographs

6. Rush Delivery Terms: Include when expedited delivery options are available

7. Competition Restrictions: Used when restricting usage in relation to competitor products/services

Suggested Schedules

1. Schedule A - Licensed Photographs: Detailed list and description of all photographs covered by the license

2. Schedule B - Technical Specifications: Format, resolution, and technical requirements for delivered photographs

3. Schedule C - Usage Specifications: Detailed breakdown of permitted usage types, channels, and territories

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

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

6. Appendix 2 - Property Releases: Copies of property releases for photographs of 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Licensed Works
Photographer
Licensee
License Fee
Moral Rights
Territory
Term
Usage Rights
Permitted Use
Intellectual Property Rights
Delivery Date
Technical Specifications
Modification Rights
Publication
Digital Platform
Reproduction
Commercial Use
Editorial Use
Attribution Requirements
High-Resolution Files
Raw Files
Processed Images
Exclusive Rights
Non-Exclusive Rights
Sub-License
Model Release
Property Release
Usage Period
Renewal Term
Force Majeure
Confidential Information
Business Day
Urheberpersönlichkeitsrechte
Publication Channels
Quality Standards
Relevant Industries

Media and Entertainment

Advertising

Publishing

E-commerce

Retail

Fashion

Real Estate

Tourism

Corporate Services

Education

Arts and Culture

Digital Marketing

Technology

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Editorial

Content Production

Rights Management

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Art Director

Legal Counsel

Brand Manager

Digital Content Specialist

Publishing Editor

Procurement Manager

Communications Manager

E-commerce Manager

Rights Management Specialist

Industries
Urheberrechtsgesetz (Copyright Act): Austrian federal law governing copyright protection, including specific provisions for photographic works (§73-75) and licensing rights
GDPR (General Data Protection Regulation): EU regulation governing personal data protection, relevant when photographs contain identifiable individuals
Allgemeines Bürgerliches Gesetzbuch (ABGB): Austrian Civil Code containing general contract law provisions and obligations between parties
Bundesgesetz gegen den unlauteren Wettbewerb (UWG): Austrian Unfair Competition Act, relevant for commercial usage of photographs and market competition aspects
Konsumentenschutzgesetz (KSchG): Consumer Protection Act, applicable if the license agreement is between a professional photographer and a consumer
E-Commerce-Gesetz (ECG): E-Commerce Act, relevant if the license agreement is concluded electronically or if photos are distributed digitally
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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