Likeness License Agreement for Canada

Likeness License Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws that establishes the terms and conditions under which an individual's likeness, image, voice, or other personal attributes may be used by another party. The document addresses key aspects including usage rights, territorial limitations, compensation, approval processes, and quality control measures, while ensuring compliance with Canadian privacy laws and personality rights protection. It provides necessary safeguards for both the licensor's personal rights and the licensee's commercial interests.

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What is a Likeness License Agreement?

The Likeness License Agreement is essential when an individual's image, voice, or other personal attributes are to be used for commercial purposes in Canada. This document is particularly crucial given Canada's unique legal framework, which combines federal copyright and privacy laws with provincial personality rights protection. The agreement typically outlines specific usage rights, territorial scope, compensation terms, and approval processes. It's commonly used in advertising campaigns, promotional materials, merchandise production, and digital content creation. The document must comply with both federal legislation (such as the Copyright Act and PIPEDA) and provincial laws governing personality rights. It provides protection for both the individual granting rights to their likeness and the commercial entity seeking to use it, establishing clear parameters for usage while maintaining necessary quality control measures.

What sections should be included in a Likeness License Agreement?

1. Parties: Identification of the licensor (individual whose likeness is being licensed) and licensee (entity receiving rights to use the likeness)

2. Background: Context of the agreement and brief description of the purpose for which the likeness will be used

3. Definitions: Key terms including 'Likeness', 'Licensed Uses', 'Territory', 'Term', and 'Licensed Materials'

4. Grant of Rights: Specific rights being granted regarding the use of the likeness, including any territorial or medium-specific limitations

5. Term and Termination: Duration of the agreement and circumstances under which either party may terminate

6. Compensation: Payment terms, including any royalties, flat fees, or other financial arrangements

7. Approval Rights: Process for licensor approval of specific uses of the likeness

8. Quality Control: Standards for how the likeness may be used and maintained

9. Representations and Warranties: Each party's assurances regarding their rights and abilities to enter into the agreement

10. Indemnification: Obligations to protect each party from claims arising from use of the likeness

11. Confidentiality: Protection of confidential information exchanged during the agreement

12. General Provisions: Standard contractual terms including governing law, notices, and amendment procedures

What sections are optional to include in a Likeness License Agreement?

1. Moral Rights: Specific provisions regarding moral rights protection, particularly relevant in Canadian jurisdiction

2. Sublicensing Rights: Include when licensee needs right to authorize others to use the likeness

3. Digital Rights Management: Special provisions for digital use and protection of likeness in online environments

4. Publicity Rights: Additional provisions specifically addressing promotion and publicity uses

5. Exclusivity Provisions: Include when licensor is granting exclusive rights for specific uses or territories

6. Social Media Rights: Specific terms for social media usage and management

7. Right of First Refusal: Option for licensee to match third-party offers for additional uses

8. Insurance Requirements: Specific insurance obligations for high-profile or high-risk uses

What schedules should be included in a Likeness License Agreement?

1. Schedule A - Licensed Materials: Detailed list and description of specific photographs, images, or other materials covered by the license

2. Schedule B - Approved Uses: Comprehensive list of specific approved uses and any associated restrictions

3. Schedule C - Territory Specifications: Detailed breakdown of geographical areas where license applies

4. Schedule D - Compensation Schedule: Detailed breakdown of payment terms, royalty rates, and payment schedules

5. Schedule E - Approval Procedures: Detailed procedures for obtaining approval for specific uses

6. Appendix 1 - Style Guide: Guidelines for how the likeness may be represented, including any prohibited uses or modifications

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Entertainment

Media

Advertising

Sports

Fashion

Retail

Gaming

E-commerce

Education

Publishing

Social Media

Digital Marketing

Relevant Teams

Legal

Marketing

Brand Management

Creative Services

Digital Content

Compliance

Public Relations

Licensing

Product Development

Commercial Operations

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Talent Manager

Creative Director

Content Manager

Licensing Manager

Compliance Officer

Commercial Director

Public Relations Manager

Digital Marketing Manager

Intellectual Property Lawyer

Entertainment Lawyer

Product Manager

Chief Marketing Officer

Industries
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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