The Photo Licensing Agreement is essential for businesses and individuals seeking to legally use photographic works in Switzerland and potentially internationally. This document is typically used when a photographer or rights holder (licensor) grants specific usage rights to another party (licensee) for commercial, editorial, or promotional purposes. The agreement must comply with Swiss federal laws, particularly the Federal Copyright Act (URG) and the Code of Obligations, while also considering international copyright conventions. It includes crucial elements such as scope of license, territory, duration, fee structure, and usage restrictions. The document becomes particularly important in commercial contexts where clear delineation of rights and responsibilities is essential for both parties' protection.
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1. Parties: Identification of the licensor (photographer/copyright owner) and licensee, including full legal names and addresses
2. Background: Context of the agreement, brief description of the photographs, and the parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Licensed Photos', 'Territory', 'Term', 'Usage Rights', etc.
4. License Grant: Specific rights being granted, including type of license (exclusive/non-exclusive), permitted uses, and territorial scope
5. License Fee and Payment Terms: Financial terms, payment schedule, and any royalty arrangements
6. Term and Termination: Duration of the license and circumstances under which it can be terminated
7. Usage Restrictions: Specific limitations on how the licensed photographs may be used
8. Copyright and Credit: Requirements for attribution and copyright notices
9. Warranties and Representations: Guarantees regarding ownership, rights to license, and quality of photographs
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Model and Property Releases: Required when photographs contain identifiable individuals or private property, addressing usage rights and permissions
2. Moral Rights: Specific provisions regarding the photographer's moral rights, particularly relevant for artistic or editorial use
3. Sub-licensing Rights: Include when licensee is permitted to grant rights to third parties
4. Digital Rights Management: Specific provisions for digital use, including metadata preservation and technical protection measures
5. Geographical Restrictions: Detailed territory limitations when the license is geographically restricted
6. Modification Rights: Specific terms regarding the right to alter or edit photographs
7. Exclusivity Provisions: Detailed terms when exclusive rights are granted for specific uses or territories
1. Schedule A - Licensed Photographs: Detailed list and descriptions of all photographs covered by the agreement, including file names and technical specifications
2. Schedule B - License Fee Schedule: Detailed breakdown of fees, including any usage-based charges or royalty calculations
3. Schedule C - Technical Specifications: Technical requirements for photo usage, including resolution, format, and delivery specifications
4. Appendix 1 - Usage Guidelines: Detailed guidelines for how the photographs may be used, including formatting and placement requirements
5. Appendix 2 - Model Releases: Copies of model releases for any identifiable individuals in the photographs
6. Appendix 3 - Property Releases: Copies of property releases for any private property featured in the photographs
Relevant legal definitions
Agreement
Licensed Photographs
Licensed Rights
Territory
Term
Effective Date
License Fee
Intellectual Property Rights
Usage Period
Permitted Use
Exclusive Period
Modification Rights
Derivative Works
Commercial Purpose
Editorial Purpose
Digital Platform
Print Media
Social Media
High Resolution
Low Resolution
Metadata
Copyright Notice
Credit Line
Model Release
Property Release
Publication
Reproduction
Distribution
Sub-license
Third Party
Force Majeure
Confidential Information
Usage Report
Moral Rights
Marketing Materials
Advertising Materials
Digital Rights Management
Quality Standards
Technical Specifications
Usage Restrictions
Licensed Photographs
Licensed Rights
Territory
Term
Effective Date
License Fee
Intellectual Property Rights
Usage Period
Permitted Use
Exclusive Period
Modification Rights
Derivative Works
Commercial Purpose
Editorial Purpose
Digital Platform
Print Media
Social Media
High Resolution
Low Resolution
Metadata
Copyright Notice
Credit Line
Model Release
Property Release
Publication
Reproduction
Distribution
Sub-license
Third Party
Force Majeure
Confidential Information
Usage Report
Moral Rights
Marketing Materials
Advertising Materials
Digital Rights Management
Quality Standards
Technical Specifications
Usage Restrictions
Clauses
License Grant
Payment Terms
Usage Rights
Territorial Restrictions
Duration
Termination
Warranties
Indemnification
Intellectual Property
Attribution Requirements
Moral Rights
Confidentiality
Modification Rights
Sub-licensing
Quality Control
Delivery
Technical Requirements
Force Majeure
Assignment
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Data Protection
Model Rights
Property Rights
Exclusivity
Reporting
Amendment
Digital Rights Management
Audit Rights
Payment Terms
Usage Rights
Territorial Restrictions
Duration
Termination
Warranties
Indemnification
Intellectual Property
Attribution Requirements
Moral Rights
Confidentiality
Modification Rights
Sub-licensing
Quality Control
Delivery
Technical Requirements
Force Majeure
Assignment
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Data Protection
Model Rights
Property Rights
Exclusivity
Reporting
Amendment
Digital Rights Management
Audit Rights
Relevant Industries
Media and Entertainment
Advertising and Marketing
Publishing
Digital Content Creation
E-commerce
Art and Photography
Retail
Education
Corporate Communications
Tourism and Hospitality
Fashion and Luxury Goods
Real Estate
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Brand Management
Corporate Communications
Intellectual Property
Publishing
Media Rights
Content Licensing
Relevant Roles
Legal Counsel
Content Manager
Marketing Director
Creative Director
Brand Manager
Art Director
Digital Rights Manager
Photographer
Photo Editor
Publishing Manager
Corporate Communications Manager
Intellectual Property Lawyer
Licensing Manager
Media Rights Coordinator
Marketing Operations Manager
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