The Digital Image License Agreement is essential for businesses and individuals operating in Australia who need to formally license digital images for various purposes. This document is particularly relevant in today's digital economy where the proper licensing of visual content is crucial for maintaining copyright compliance and protecting both the licensor's and licensee's interests. The agreement template is structured to comply with Australian copyright law, particularly the Copyright Act 1968 (Cth), and includes provisions for digital rights management, usage restrictions, and appropriate attribution requirements. It can be customized for different licensing scenarios, from single-image licenses to comprehensive portfolio agreements, and includes specific clauses addressing digital distribution, modification rights, and territorial restrictions. The document is designed to provide clear terms for both commercial and non-commercial use while protecting the intellectual property rights of content creators.
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1. Parties: Identifies the licensor (image owner) and licensee with full legal names and addresses
2. Background: Establishes the context of the agreement, ownership of the images, and purpose of the license
3. Definitions: Defines key terms used throughout the agreement including 'Licensed Images', 'Territory', 'Term', and 'Usage Rights'
4. Grant of License: Specifies the scope of the license, including territory, duration, and permitted uses
5. License Fees and Payment: Details the payment terms, amounts, and payment schedule
6. Delivery and Format: Specifies how the images will be delivered and in what format
7. Usage Restrictions: Lists prohibited uses and limitations on the license
8. Attribution and Copyright Notice: Requirements for crediting the image creator and displaying copyright notices
9. Representations and Warranties: Warranties regarding ownership, third-party rights, and image quality
10. Term and Termination: Duration of the agreement and circumstances for termination
11. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Exclusivity: Required when the license is exclusive, defining the scope of exclusivity
2. Sub-licensing Rights: Include when the licensee is permitted to sub-license the images to third parties
3. Modifications and Derivatives: Include when the licensee is permitted to modify or create derivative works
4. Model and Property Releases: Required when images contain recognizable individuals or properties
5. Geographic Restrictions: Include when the license is limited to specific territories or regions
6. Quality Control: Include for commercial uses where the licensor wants to maintain control over image presentation
7. Reporting Requirements: Include when usage reporting or royalty payments are required
8. Social Media Usage: Include specific terms for social media platform usage if relevant
1. Schedule 1 - Licensed Images: Detailed list of all licensed images with unique identifiers and descriptions
2. Schedule 2 - License Fees: Detailed breakdown of fees, including any recurring charges or royalty structures
3. Schedule 3 - Technical Specifications: Image specifications including file formats, resolution, and delivery requirements
4. Schedule 4 - Approved Usage Examples: Examples of permitted uses and formatting of the licensed images
5. Appendix A - Model Releases: Copies of model releases for images containing recognizable individuals
6. Appendix B - Property Releases: Copies of property releases for images containing protected properties or trademarks
Relevant legal definitions
Licensed Images
Licensed Rights
Territory
Term
Effective Date
License Fee
Permitted Use
Prohibited Use
Commercial Purpose
Non-Commercial Purpose
Intellectual Property Rights
Copyright
Moral Rights
Derivative Works
Modifications
Digital Format
Image Specifications
Publication
Distribution
Reproduction
Display
Usage Period
Exclusive Rights
Non-Exclusive Rights
Sub-License
Attribution Requirements
Digital Platform
Social Media
Resolution
File Format
Watermark
Confidential Information
Force Majeure
Business Day
Commencement Date
Delivery Date
Payment Terms
Usage Report
Model Release
Property Release
Original Work
Third Party Rights
End User
Licensor Materials
Quality Standards
Licensed Rights
Territory
Term
Effective Date
License Fee
Permitted Use
Prohibited Use
Commercial Purpose
Non-Commercial Purpose
Intellectual Property Rights
Copyright
Moral Rights
Derivative Works
Modifications
Digital Format
Image Specifications
Publication
Distribution
Reproduction
Display
Usage Period
Exclusive Rights
Non-Exclusive Rights
Sub-License
Attribution Requirements
Digital Platform
Social Media
Resolution
File Format
Watermark
Confidential Information
Force Majeure
Business Day
Commencement Date
Delivery Date
Payment Terms
Usage Report
Model Release
Property Release
Original Work
Third Party Rights
End User
Licensor Materials
Quality Standards
Clauses
License Grant
Exclusivity
Payment Terms
Delivery
Usage Rights
Territory Restrictions
Term and Duration
Copyright Protection
Moral Rights
Attribution Requirements
Technical Specifications
Quality Control
Modifications and Derivatives
Sub-licensing
Warranties
Indemnification
Limitation of Liability
Intellectual Property Rights
Confidentiality
Force Majeure
Termination
Assignment
Governing Law
Dispute Resolution
Notice
Entire Agreement
Digital Rights Management
Model and Property Releases
Social Media Usage
Usage Reporting
Audit Rights
Exclusivity
Payment Terms
Delivery
Usage Rights
Territory Restrictions
Term and Duration
Copyright Protection
Moral Rights
Attribution Requirements
Technical Specifications
Quality Control
Modifications and Derivatives
Sub-licensing
Warranties
Indemnification
Limitation of Liability
Intellectual Property Rights
Confidentiality
Force Majeure
Termination
Assignment
Governing Law
Dispute Resolution
Notice
Entire Agreement
Digital Rights Management
Model and Property Releases
Social Media Usage
Usage Reporting
Audit Rights
Relevant Industries
Media and Entertainment
Advertising and Marketing
Publishing
E-commerce
Education
Corporate Communications
Digital Technology
Creative Industries
Retail
Professional Services
Social Media
Web Development
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Brand Management
Corporate Communications
Publications
E-commerce
Web Development
Social Media
Graphic Design
Relevant Roles
Content Manager
Marketing Director
Creative Director
Digital Rights Manager
Legal Counsel
Brand Manager
Art Director
Digital Content Coordinator
Publications Manager
Licensing Manager
Corporate Communications Manager
E-commerce Manager
Web Content Manager
Social Media Manager
Graphic Designer
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