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.
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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
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
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
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