The Image Licensing Agreement is essential for businesses and individuals seeking to legally use copyrighted images while protecting the rights of content creators. This document, governed by Belgian law, is particularly relevant in today's digital age where visual content plays a crucial role in marketing, communication, and business operations. It should be used whenever there is a need to formally license images for commercial, editorial, or other professional uses. The agreement addresses key aspects such as usage rights, territorial scope, duration, modification rights, and payment terms, while ensuring compliance with Belgian copyright law and EU regulations. It's particularly important for protecting both the licensor's intellectual property rights and providing the licensee with clear parameters for legitimate use of the licensed images.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, confirmation of ownership/right to license the images, and general purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Images', 'Territory', 'Term', 'Usage Rights', etc.
4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), permitted uses, and territory
5. License Fee and Payment Terms: Financial terms, payment schedule, and any royalty arrangements
6. Usage Rights and Restrictions: Detailed specifications of how images can and cannot be used, including modifications, sublicensing rights, and territorial restrictions
7. Credit and Attribution: Requirements for crediting the photographer/artist when using the images
8. Delivery and Format: Specifications for how and when the licensed images will be delivered, including file formats and resolution
9. Intellectual Property Rights: Confirmation of ownership and reservation of rights not explicitly licensed
10. Warranties and Representations: Warranties regarding ownership, right to license, and non-infringement
11. Term and Termination: Duration of the license and circumstances under which it can be terminated
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Model and Property Releases: Required when licensed images contain identifiable individuals or private property, specifying responsibilities for obtaining necessary releases
2. Exclusivity Provisions: Used when granting exclusive rights to the licensee for specific uses, territories, or time periods
3. Moral Rights: Specific provisions regarding the author's moral rights under Belgian law, particularly relevant for artistic works
4. Sublicensing Rights: Include when licensee is permitted to sublicense the images to third parties
5. Quality Control: Required when licensor wants to maintain control over how images are used or modified
6. Royalty Reporting: Necessary when payment includes royalty-based components
7. Insurance Requirements: Include when requiring licensee to maintain specific insurance coverage
8. Data Protection: Required when images contain personal data or when processing personal data as part of the agreement
1. Schedule 1: Licensed Images: Detailed list of all images covered by the license, including unique identifiers and descriptions
2. Schedule 2: License Fee Schedule: Detailed breakdown of fees, payment structure, and any royalty calculations
3. Schedule 3: Technical Specifications: Detailed technical requirements for image delivery, including file formats, resolution, and color specifications
4. Appendix A: Permitted Uses: Comprehensive list of specifically permitted uses and any associated conditions or restrictions
5. Appendix B: Territory Map: Visual representation of licensed territories when geographical restrictions apply
6. Appendix C: Style Guide: Guidelines for image usage, including attribution requirements and brand compliance if applicable
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