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Photography Usage Rights Agreement

Photography Usage Rights Agreement Template for Austria

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Key Requirements PROMPT example:

Photography Usage Rights Agreement

"I need a Photography Usage Rights Agreement for my fashion e-commerce business to license 50 product photographs from a professional photographer, with worldwide digital usage rights for 2 years starting January 2025, including social media and website use, but excluding print media."

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Document background
The Photography Usage Rights Agreement is essential for any business or individual seeking to legally use photographic works in Austria. This document is specifically designed to comply with Austrian copyright law (Urheberrechtsgesetz) and related regulations, including EU data protection requirements. It should be used whenever a photographer grants usage rights to their work, whether for commercial, editorial, or personal use. The agreement covers crucial elements such as usage scope, territorial rights, duration, payment terms, and attribution requirements. It provides legal protection for both the photographer's intellectual property rights and the licensee's intended use of the photographs, while ensuring compliance with Austrian moral rights provisions and data protection regulations. The document can be customized to accommodate various usage scenarios, from simple single-use licenses to complex commercial arrangements with multiple usage rights.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and general purpose of the license

3. Definitions: Key terms used throughout the agreement, including 'Licensed Works', 'Territory', 'Usage Rights', and 'Term'

4. Grant of Rights: Specific rights being granted, including permitted uses, mediums, and territories

5. Term and Territory: Duration of the license and geographical areas where the rights can be exercised

6. License Fee: Payment terms, including amount, payment schedule, and any royalty arrangements

7. Photographer's Rights and Obligations: Photographer's warranties, retained rights, and delivery obligations

8. Licensee's Obligations: Usage restrictions, attribution requirements, and other licensee responsibilities

9. Copyright and Credit: Copyright ownership confirmation and requirements for photographer attribution

10. Representations and Warranties: Parties' assurances regarding rights, permissions, and authority to enter agreement

11. Termination: Conditions for termination, including breach remedies and rights reversion

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

Optional Sections

1. Exclusivity: Terms for exclusive usage rights - include when licensee requires exclusive use of the photographs

2. Model and Property Releases: Include when photographs contain identifiable individuals or private property requiring releases

3. Digital Rights Management: Include for digital usage to specify technical protection measures and metadata requirements

4. Moral Rights: Specific provisions regarding moral rights under Austrian law - include for artistic or editorial use

5. Sub-licensing Rights: Include when licensee needs to grant rights to third parties

6. International Usage: Additional terms for international use - include when usage extends beyond Austria

7. Social Media Usage: Specific terms for social media platforms - include for digital marketing purposes

8. Modifications and Editing Rights: Include when licensee needs rights to modify or edit the photographs

Suggested Schedules

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

2. Schedule B - Technical Specifications: Technical requirements for delivered files, including format, resolution, and color specifications

3. Schedule C - Usage Specifications: Detailed description of permitted uses, including specific mediums and contexts

4. Schedule D - Fee Schedule: Detailed breakdown of fees, including any usage-based pricing or royalty calculations

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 containing 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 Photographs
Licensed Works
Photographer
Licensee
License Fee
Term
Territory
Usage Rights
Permitted Uses
Exclusive Rights
Non-Exclusive Rights
Moral Rights
Intellectual Property Rights
Modifications
Derivative Works
Commercial Purpose
Editorial Purpose
Digital Platform
Social Media
Publication
Reproduction
Distribution
Attribution
Model Release
Property Release
Effective Date
Delivery Date
Technical Specifications
File Format
Resolution
Metadata
Force Majeure
Confidential Information
Working Day
Usage Period
Usage Fee
Third Party
Subsidiary Rights
Assignment
Clauses
Interpretation
Definitions
Grant of Rights
License Scope
Usage Rights
Territory Rights
Duration
Payment Terms
Delivery
Technical Requirements
Attribution
Moral Rights
Copyright Protection
Warranties
Representations
Confidentiality
Intellectual Property
Liability
Indemnification
Force Majeure
Assignment
Termination
Governing Law
Jurisdiction
Dispute Resolution
Notices
Amendment
Severability
Entire Agreement
Model Release
Property Release
Data Protection
Sub-licensing
Exclusivity
Digital Rights
Social Media Usage
Attribution Requirements
Quality Control
Audit Rights
Relevant Industries

Media & Entertainment

Advertising & Marketing

Publishing

E-commerce

Retail

Fashion & Luxury

Real Estate

Tourism & Hospitality

Corporate Services

Education

Arts & Culture

Digital Media

Public Relations

Event Management

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Editorial

Advertising

Public Relations

Intellectual Property

Commercial

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Legal Counsel

Brand Manager

Art Director

Digital Marketing Manager

Publishing Editor

Communications Manager

Licensing Manager

Copyright Officer

Media Buyer

Procurement Manager

Business Development Manager

Industries
Urheberrechtsgesetz (Copyright Act): Austrian federal law governing copyright and related rights, particularly relevant for photographic works and their protection (includes moral rights and economic rights of photographers)
ABGB (Austrian Civil Code) §§ 859-937: General contract law provisions governing formation, interpretation, and enforcement of contracts, including licensing agreements
DSG (Data Protection Act): Austrian data protection law implementing GDPR, relevant when photographs contain identifiable individuals
EU General Data Protection Regulation (GDPR): European regulation on data protection and privacy, applicable when photographs contain identifiable individuals
KSchG (Consumer Protection Act): Specific provisions for contracts involving consumers, including mandatory provisions that cannot be waived
UWG (Federal Act Against Unfair Competition): Relevant for commercial use of photographs in advertising and marketing contexts
Media Act (Mediengesetz): Regulates privacy rights and image rights in media publications, including restrictions on publishing certain types of photographs
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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