Photography Commercial Use License Template for Austria

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Key Requirements PROMPT example:

Photography Commercial Use License

"I need a Photography Commercial Use License for a series of food photographs to be used in my restaurant chain's marketing materials and social media across Austria, with exclusive rights for the restaurant industry for 12 months starting January 2025."

Document background
The Photography Commercial Use License is essential for businesses and organizations seeking to legally utilize professional photographs in their commercial activities within Austria. This document is particularly relevant in today's digital age where visual content plays a crucial role in marketing and communication. It provides a legally compliant framework under Austrian law for licensing photographic works, protecting both the photographer's rights and the commercial user's interests. The agreement covers critical aspects such as usage scope, territorial rights, duration, modification rights, and attribution requirements. It is designed to comply with Austrian copyright law (Urheberrechtsgesetz), commercial regulations, and EU data protection requirements, making it suitable for both digital and print media usage. This document is typically used when businesses need to secure proper rights for using professional photographs in advertising, marketing materials, websites, publications, or other commercial applications.
Suggested Sections

1. Parties: Identification of the photographer (licensor) and the commercial user (licensee)

2. Background: Context of the agreement and brief description of the photographs and intended commercial use

3. Definitions: Key terms including 'Licensed Photos', 'Commercial Use', 'Territory', 'Term', and 'License Fee'

4. Grant of License: Specific rights granted for commercial use of the photographs

5. License Fee and Payment Terms: Financial terms, payment schedule, and any recurring fees

6. Term and Termination: Duration of the license and conditions for termination

7. Photographer's Rights and Obligations: Retention of copyright, delivery of photos, and warranties regarding ownership

8. Licensee's Obligations: Usage restrictions, attribution requirements, and prohibited modifications

9. Copyright Notice and Attribution: Requirements for displaying copyright notices and photographer credits

10. Representations and Warranties: Legal assurances from both parties

11. Liability and Indemnification: Limitation of liability and indemnification obligations

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Exclusivity: Terms for exclusive use rights, used when licensee requires exclusive usage in specified contexts

2. Territory Restrictions: Geographic limitations on usage, included when license is territory-specific

3. Model and Property Releases: Provisions regarding existing releases, needed when photos contain recognizable people or properties

4. Marketing and Promotion: Special terms for promotional use of photos, included for marketing-specific licenses

5. Digital Rights Management: Technical protection measures, included for digital-only usage

6. Sublicensing Rights: Terms for allowing licensee to sublicense photos, included when sublicensing is permitted

7. Moral Rights: Specific provisions regarding moral rights under Austrian law, included for comprehensive protection

8. Usage Reporting: Requirements for reporting photo usage, included for royalty-based arrangements

Suggested Schedules

1. Schedule A - Licensed Photographs: Detailed list of licensed photographs with file names, descriptions, and thumbnails

2. Schedule B - Permitted Uses: Specific commercial uses allowed under the license

3. Schedule C - License Fee Schedule: Detailed breakdown of fees, including any usage-based pricing

4. Schedule D - Technical Specifications: Technical requirements for photo usage, including resolution and format specifications

5. Appendix 1 - Attribution Requirements: Specific format and placement requirements for photo credits and copyright notices

6. Appendix 2 - Model and Property Releases: Copies of all relevant releases for the licensed photographs

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

Advertising and Marketing

Media and Entertainment

Publishing

Retail and E-commerce

Tourism and Hospitality

Real Estate

Fashion and Apparel

Food and Beverage

Corporate Services

Education

Healthcare

Technology

Professional Services

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Editorial

Advertising

E-commerce

Corporate Communications

Relevant Roles

Marketing Manager

Creative Director

Art Director

Professional Photographer

Content Manager

Digital Marketing Specialist

Brand Manager

Publishing Editor

Legal Counsel

Intellectual Property Lawyer

Commercial Director

E-commerce Manager

Communications Manager

Advertising Executive

Product Manager

Procurement 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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