The Likeness License Agreement is essential for businesses and individuals operating in Australia who need to legally secure rights to use someone's personal attributes for commercial purposes. This document is particularly relevant in today's digital age where image rights and personal branding have significant commercial value. It addresses key requirements under Australian law, including the Privacy Act 1988 (Cth), Copyright Act 1968 (Cth), and relevant state-specific legislation. The agreement is commonly used in advertising campaigns, merchandise production, social media promotions, and entertainment projects. It outlines specific terms for usage rights, territorial limitations, quality control measures, and compensation structures, while ensuring compliance with Australian consumer protection and privacy regulations.
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1. Parties: Identification of the licensor (person whose likeness is being licensed) and licensee
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms including 'Likeness', 'Licensed Products', 'Territory', 'Term'
4. Grant of Rights: Specific rights being granted regarding the use of likeness
5. Term and Territory: Duration of the agreement and geographical scope of the license
6. Payment and Royalties: Compensation terms, including any royalty calculations and payment schedules
7. Quality Control: Standards for use of likeness and approval process for materials
8. Representations and Warranties: Statements of fact and promises by both parties
9. Protection of Rights: Obligations regarding protection of the licensed rights
10. Termination: Circumstances under which the agreement can be ended
11. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Moral Rights: Specific provisions regarding moral rights protection, particularly relevant for creative or artistic uses
2. Merchandising Rights: Additional provisions for product merchandising, if applicable
3. Social Media Usage: Specific terms for social media platforms and digital content
4. Exclusivity Provisions: Terms making the license exclusive, if applicable
5. International Usage: Additional terms for international use of the likeness
6. Minimum Guarantee: Terms regarding minimum payments or usage requirements
7. Sub-licensing Rights: Terms allowing the licensee to sub-license the rights to others
1. Schedule A - Licensed Likeness: Detailed description and/or examples of the specific likeness elements being licensed
2. Schedule B - Approved Uses: List of pre-approved uses and contexts for the likeness
3. Schedule C - Territory Details: Specific geographical regions and jurisdictions covered
4. Schedule D - Payment Schedule: Detailed breakdown of payments, royalty rates, and calculation methods
5. Schedule E - Approval Process: Step-by-step process for obtaining approval for likeness usage
6. Appendix 1 - Sample Approval Form: Template for seeking approval for specific uses of the likeness
7. Appendix 2 - Quality Standards: Detailed specifications for acceptable quality and presentation of the likeness
Relevant legal definitions
Agreement
Approved Uses
Commencement Date
Confidential Information
Derivative Works
Digital Media
Effective Date
Exclusivity Period
Force Majeure
Intellectual Property Rights
License Fee
Licensed Products
Licensed Territory
Licensee
Licensor
Likeness
Logo
Marketing Materials
Merchandise
Moral Rights
Name and Likeness
Net Revenue
Personal Attributes
Promotion
Quality Standards
Quarterly Period
Royalties
Social Media Platforms
Term
Third Party
Trade Marks
Usage Rights
Voice
Working Day
Approved Uses
Commencement Date
Confidential Information
Derivative Works
Digital Media
Effective Date
Exclusivity Period
Force Majeure
Intellectual Property Rights
License Fee
Licensed Products
Licensed Territory
Licensee
Licensor
Likeness
Logo
Marketing Materials
Merchandise
Moral Rights
Name and Likeness
Net Revenue
Personal Attributes
Promotion
Quality Standards
Quarterly Period
Royalties
Social Media Platforms
Term
Third Party
Trade Marks
Usage Rights
Voice
Working Day
Clauses
Grant of Rights
License Scope
Territory and Term
Payment and Royalties
Quality Control
Approval Rights
Usage Restrictions
Representations and Warranties
Intellectual Property
Moral Rights
Confidentiality
Non-Competition
Exclusivity
Sub-Licensing
Termination
Force Majeure
Assignment
Indemnification
Insurance
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Further Assurance
Variation
Waiver
Third Party Rights
License Scope
Territory and Term
Payment and Royalties
Quality Control
Approval Rights
Usage Restrictions
Representations and Warranties
Intellectual Property
Moral Rights
Confidentiality
Non-Competition
Exclusivity
Sub-Licensing
Termination
Force Majeure
Assignment
Indemnification
Insurance
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Further Assurance
Variation
Waiver
Third Party Rights
Relevant Industries
Entertainment
Advertising
Sports
Media
Retail
Fashion
Gaming
Digital Media
Public Relations
Consumer Products
Social Media
Education
Relevant Teams
Legal
Commercial
Marketing
Brand Management
Business Development
Compliance
Creative Services
Digital Rights
Public Relations
Product Development
Intellectual Property
Relevant Roles
Legal Counsel
Commercial Director
Brand Manager
Marketing Manager
Talent Manager
Licensing Director
Business Development Manager
Contract Administrator
Compliance Officer
Creative Director
Digital Rights Manager
Public Relations Manager
Product Manager
Intellectual Property Lawyer
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