The Photo Licensing Agreement is essential for businesses and individuals seeking to legally use photographic works in Belgium. This document is particularly relevant in today's digital age where image usage spans multiple platforms and purposes. It ensures compliance with Belgian copyright law, which provides strong protection for creators' moral rights while facilitating commercial exploitation of photographic works. The agreement is commonly used when organizations or individuals need to license photographs for specific uses, whether for commercial, editorial, or promotional purposes. It addresses critical elements such as usage scope, territory, duration, and fee structures, while incorporating requirements from both Belgian national law and EU directives. This template is designed to protect both the licensor's intellectual property rights and the licensee's commercial interests, providing clarity on permitted uses and restrictions while ensuring compliance with Belgian legal requirements for copyright protection and moral rights.
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1. Parties: Identification of the licensor (photographer/copyright holder) and licensee with full legal details
2. Background: Context of the agreement and brief description of the photographs being licensed
3. Definitions: Definitions of key terms including 'Licensed Photos', 'Territory', 'License Period', 'Usage Rights', and 'License Fee'
4. Grant of License: Specific rights being granted, including territory, duration, and permitted uses of the photographs
5. License Fee and Payment Terms: Details of licensing fees, payment schedule, and any royalty arrangements
6. Moral Rights: Recognition of the photographer's moral rights and attribution requirements
7. Representations and Warranties: Licensor's warranties regarding ownership and right to license the photographs
8. Usage Restrictions: Specific limitations on how the licensed photographs may be used
9. Term and Termination: Duration of the license and circumstances under which it can be terminated
10. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Sub-licensing Rights: Include when licensee is permitted to sub-license the photographs to third parties
2. Model Releases: Include when photographs contain identifiable individuals, addressing image rights and consent
3. International Usage: Include when photographs will be used across multiple jurisdictions
4. Digital Rights Management: Include when specific technical protection measures are required
5. Exclusivity Provisions: Include when the license is exclusive for certain territories or uses
6. Modification Rights: Include when licensee is permitted to modify or edit the photographs
7. Social Media Usage: Include when photographs will be used on social media platforms
8. Copyright Registration: Include when photographs are or need to be registered with copyright authorities
1. Schedule A - Licensed Photographs: Detailed list and descriptions of all photographs covered by the license
2. Schedule B - License Fee Schedule: Detailed breakdown of licensing fees and payment terms
3. Schedule C - Permitted Uses: Specific list of approved uses and any territory or time restrictions
4. Schedule D - Technical Specifications: Technical details of the photographs including format, resolution, and delivery specifications
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 of private property or trademarked items
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