Use Of Likeness Agreement Template for Canada

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Use Of Likeness Agreement

I need a Use of Likeness Agreement for a local fitness instructor whose photos and videos will be used in our gym's marketing materials and social media accounts in Vancouver for a 6-month campaign starting January 2025.

Document background

The Use of Likeness Agreement is essential for businesses and organizations operating in Canada who wish to legally use an individual's image, voice, or likeness for commercial, promotional, or other specified purposes. This document is particularly crucial given Canada's comprehensive privacy framework, including PIPEDA at the federal level and various provincial privacy laws. The agreement typically comes into play when companies need to use someone's likeness in advertising campaigns, marketing materials, websites, social media, or other public-facing content. It includes specific provisions for obtaining consent, defining usage rights, establishing compensation terms, and ensuring compliance with Canadian privacy and personality rights legislation. The document should be customized based on the specific province of operation, particularly noting the distinct requirements in Quebec where personality rights are explicitly protected under the Civil Code.

Suggested Sections

1. Parties: Identification of the Individual granting rights to their likeness and the Party receiving these rights

2. Background: Context of the agreement and general purpose for the use of likeness

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

4. Grant of Rights: Specific rights being granted regarding the use of the individual's likeness

5. Scope of Use: Detailed parameters of how the likeness may be used, including media types and contexts

6. Term and Territory: Duration of the agreement and geographic regions where the likeness may be used

7. Compensation: Payment terms, including any royalties or one-time fees

8. Approval Rights: Process for reviewing and approving use of likeness before publication

9. Representations and Warranties: Statements of fact and guarantees from both parties

10. Indemnification: Provisions for protecting parties against claims or damages

11. Termination: Conditions and process for ending the agreement

12. General Provisions: Standard legal clauses including governing law, notices, and assignment

Optional Sections

1. Digital Manipulation: Specific terms regarding digital alteration or modification of the likeness

2. Moral Rights: Specific provisions regarding moral rights, particularly relevant in Canadian context

3. Social Media Usage: Specific terms for social media platforms and digital content

4. Exclusivity: Terms making the agreement exclusive, preventing the individual from granting similar rights to others

5. Credit and Attribution: Requirements for how the individual should be credited when their likeness is used

6. Confidentiality: Terms regarding confidential information shared during the relationship

7. International Usage: Additional terms for use of likeness in international markets

8. Future Products: Terms regarding use of likeness in products or media types not yet developed

Suggested Schedules

1. Schedule A - Permitted Uses: Detailed list of specific approved uses of the likeness

2. Schedule B - Compensation Details: Detailed breakdown of payment terms, royalties, and payment schedule

3. Schedule C - Approved Images/Materials: Specific photographs, recordings, or other materials covered by the agreement

4. Schedule D - Territory Specifications: Detailed breakdown of geographic regions and any region-specific terms

5. Schedule E - Approval Process: Detailed procedures for submission, review, and approval of likeness usage

6. Appendix 1 - Style Guide: Guidelines for how the likeness should be presented, including any prohibited uses

7. Appendix 2 - Technical Specifications: Technical requirements for digital usage, resolution, color specifications, etc.

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Entertainment

Media & Broadcasting

Advertising & Marketing

Fashion & Modeling

Education

Digital Content Creation

Social Media

Public Relations

Sports & Athletics

Publishing

Retail

E-commerce

Gaming & Interactive Entertainment

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Public Relations

Compliance

Rights Management

Production

Social Media

Talent Management

Contract Administration

Relevant Roles

Legal Counsel

Privacy Officer

Marketing Director

Content Manager

Brand Manager

Talent Manager

Creative Director

Production Manager

Digital Marketing Manager

Social Media Manager

Compliance Officer

Photography Director

Advertising Executive

Public Relations Manager

Model Agent

Rights Management Specialist

Contract Administrator

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Let's create your Use Of Likeness Agreement

Authors

Alex Denne

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