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Photography License Agreement

Photography License Agreement Template for Austria

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Key Requirements PROMPT example:

Photography License Agreement

"I need a Photography License Agreement for my fashion retail company to license 50 product photographs with exclusive worldwide rights for 12 months starting January 2025, including unlimited digital and print usage rights for marketing purposes."

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Document background
A Photography License Agreement is essential when a photographer or photography studio grants rights to use their photographic works to another party. This agreement, structured under Austrian law, specifically addresses the requirements of the Austrian Copyright Act (Urheberrechtsgesetz) and related legislation. It is used to establish clear parameters for the licensed use of photographs, including permitted uses, territorial scope, duration, and compensation. The document is crucial for protecting both the photographer's intellectual property rights and the licensee's authorized usage rights. It should be used whenever photographic works are being licensed for commercial, editorial, or personal use, and must include specific provisions required by Austrian law regarding moral rights, attribution, and any modifications to the works. The agreement also ensures compliance with EU regulations, particularly regarding data protection and digital rights management.
Suggested Sections

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

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including 'Licensed Images', 'Territory', 'Term', etc.

4. Grant of License: Scope of the license, including permitted uses and restrictions

5. License Fee: Payment terms, amounts, and schedule

6. Duration and Territory: Time period and geographical scope of the license

7. Copyright and Attribution: Confirmation of photographer's copyright ownership and attribution requirements

8. Delivery and Technical Specifications: Format, resolution, and delivery method of licensed images

9. Warranties and Representations: Photographer's warranties regarding ownership and third-party rights

10. Limitation of Liability: Limits on liability and indemnification provisions

11. Termination: Conditions for termination and consequences

12. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

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

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

3. Exclusivity Provisions: Used when granting exclusive rights to the licensee

4. Modification Rights: Specifies whether and how the licensee may modify or edit the images

5. Commercial Use Terms: Specific provisions for commercial usage, including advertising restrictions

6. Quality Control: Requirements for maintaining image quality in various uses

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

8. Royalty Provisions: Include for revenue-sharing or royalty-based payment structures

Suggested Schedules

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

2. Schedule B - Fee Schedule: Detailed breakdown of licensing fees and payment terms

3. Schedule C - Technical Specifications: Detailed technical requirements for image delivery and usage

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

5. Appendix 2 - Usage Examples: Examples of permitted and prohibited uses of the licensed images

6. Appendix 3 - Attribution Requirements: Specific format and placement requirements for photographer attribution

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 Images
Licensed Rights
Territory
Term
Effective Date
Intellectual Property Rights
License Fee
Photographer
Client
Permitted Use
Restricted Use
Modifications
Derivative Works
Attribution
Commercial Purpose
Editorial Purpose
Digital Format
High Resolution
Low Resolution
Comp Images
Usage Period
Exclusive Rights
Non-Exclusive Rights
Model Release
Property Release
Publication
Social Media Platforms
Digital Media
Print Media
Copyright Notice
Moral Rights
Sub-License
Third Party
Force Majeure
Confidential Information
Working Day
Delivery Date
Technical Specifications
Usage Fees
Relevant Industries

Media and Entertainment

Advertising and Marketing

Publishing

Education

Retail

Fashion and Luxury

Real Estate

Tourism and Hospitality

Arts and Culture

E-commerce

Technology

Professional Services

Relevant Teams

Legal

Marketing

Creative Services

Content Production

Digital Media

Communications

Procurement

Brand Management

Editorial

Intellectual Property

Commercial Operations

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Legal Counsel

Brand Manager

Art Director

Digital Content Specialist

Publishing Editor

Procurement Manager

Intellectual Property Lawyer

Communications Manager

Media Rights Manager

Project Manager

Commercial Director

Industries
Austrian Copyright Act (Urheberrechtsgesetz): Governs copyright protection of photographs, moral rights of photographers, and terms of licensing photographic works
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Provides the basic framework for contract formation, validity, and enforcement of agreements
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Regulates commercial transactions and business relationships between parties
Austrian Data Protection Act (DSG - Datenschutzgesetz): Regulates the use and distribution of photographs containing personal data or identifiable individuals
EU General Data Protection Regulation (GDPR): Applies when processing personal data in photographs, including storage and distribution
Austrian Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Applies when one party is a consumer, providing additional protections and requirements
Austrian Value Added Tax Act (UStG - Umsatzsteuergesetz): Governs taxation aspects of licensing fees and related transactions
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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