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Photography Copyright Contract

Photography Copyright Contract Template for Austria

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Key Requirements PROMPT example:

Photography Copyright Contract

"I need a Photography Copyright Contract for a commercial fashion shoot scheduled for March 2025, where I need exclusive worldwide rights to use the images across all marketing channels for 5 years, with the photographer retaining credit rights but transferring all other rights to my company."

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Document background
The Photography Copyright Contract is essential for professional photography services in Austria, providing a legally robust framework for protecting both photographers' and clients' interests. This document is particularly important given Austria's strong copyright protection laws and moral rights provisions under the Urheberrechtsgesetz. It should be used whenever photographic works are being created, licensed, or transferred, whether for commercial, editorial, or personal use. The contract addresses crucial elements including copyright ownership, usage rights, territorial scope, duration, modification rights, and compensation. It also includes provisions for technical delivery specifications and necessary releases. This template is designed to comply with Austrian legal requirements while maintaining flexibility for various photography contexts, from commercial advertising to editorial content.
Suggested Sections

1. Parties: Identification of the photographer (copyright holder) and the client/licensee, including full legal names and addresses

2. Background: Context of the photography project and purpose of the agreement

3. Definitions: Key terms used in the contract including 'Works', 'Copyright', 'License', 'Commercial Use', 'Editorial Use', etc.

4. Scope of Work: Detailed description of the photographic works covered by the contract

5. Copyright Ownership: Clear statement of copyright ownership and any transfer or retention of rights

6. License Grant: Specific rights being granted, including territory, duration, and permitted uses

7. Payment Terms: Fees, payment schedule, and any royalty arrangements

8. Delivery and Format: Specifications for delivery of images, including format, resolution, and timeframes

9. Moral Rights: Acknowledgment of the photographer's moral rights under Austrian law

10. Warranties and Representations: Guarantees regarding ownership, originality, and right to license

11. Term and Termination: Duration of the agreement and conditions for termination

12. Governing Law: Specification of Austrian law as governing law and jurisdiction

Optional Sections

1. Model Releases: Required when photographs include identifiable individuals, addressing privacy rights and consent

2. Property Releases: Needed when photographs include private property or trademarked items

3. Exclusivity Provisions: Used when client requires exclusive rights to the photographs

4. Retouching and Editing Rights: Specifies who has the right to edit or modify the photographs

5. Social Media Usage: Special provisions for social media platforms and digital usage

6. Credit and Attribution: Requirements for crediting the photographer in various usage contexts

7. Syndication Rights: Terms for reselling or redistributing the photographs

8. Insurance Requirements: Professional liability and equipment insurance provisions for commercial shoots

Suggested Schedules

1. Schedule A - Image Inventory: Detailed list of all photographs covered by the agreement, including file names and descriptions

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

3. Schedule C - Usage Terms: Detailed breakdown of permitted usage scenarios and any usage restrictions

4. Schedule D - Fee Schedule: Detailed breakdown of all fees, including usage fees, royalties, and additional services

5. Appendix 1 - Model Releases: Copies of all relevant model release forms

6. Appendix 2 - Property Releases: Copies of all relevant property release forms

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
Artistic Works
Commercial Use
Confidential Information
Copyright
Derivative Works
Digital Format
Editorial Use
Effective Date
Exclusive Rights
Force Majeure
High Resolution
Image(s)
Intellectual Property Rights
License
License Fee
License Period
Licensed Rights
Low Resolution
Moral Rights
Non-Exclusive Rights
Parties
Photographic Works
Photographer
Property Release
Publication Rights
Raw Files
Reproduction Rights
Retouching
Royalties
Social Media Use
Subject Matter
Territory
Third Party Rights
Usage Rights
Model Release
Working Day
Works
Relevant Industries

Media & Entertainment

Advertising & Marketing

Publishing

Fashion & Beauty

Real Estate

Corporate Services

Events & Hospitality

Retail

Fine Arts

Education

Tourism

Wedding & Personal Events

Relevant Teams

Legal

Creative

Marketing

Content

Digital

Brand Management

Production

Editorial

Procurement

Intellectual Property

Licensing

Communications

Relevant Roles

Photographer

Creative Director

Art Director

Marketing Manager

Content Manager

Legal Counsel

Intellectual Property Lawyer

Publishing Manager

Digital Rights Manager

Brand Manager

Production Manager

Editorial Director

Licensing Manager

Media Buyer

Photography Studio Manager

Industries
Urheberrechtsgesetz (Austrian Copyright Act): The primary legislation governing copyright protection in Austria, covering creation, ownership, transfer, and licensing of photographic works
Allgemeines Bürgerliches Gesetzbuch (ABGB): Austrian Civil Code provisions governing general contract formation, validity, and enforcement principles
EU General Data Protection Regulation (GDPR): Regulations concerning personal data protection, relevant when photographs contain identifiable individuals
Bundesgesetz gegen den unlauteren Wettbewerb (UWG): Austrian Unfair Competition Act, applicable for commercial photography usage and licensing
Konsumentenschutzgesetz (KSchG): Consumer Protection Act, applicable if one party is a consumer rather than a business entity
Mediengesetz: Media Law provisions concerning rights and obligations when photographs are used in media publications
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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