Likeness License Agreement Template for Hong Kong

A Likeness License Agreement is a legal contract that grants permission to use an individual's image, voice, name, or other personal characteristics for commercial purposes. In Hong Kong, these agreements are governed by multiple pieces of legislation including the Personal Data (Privacy) Ordinance and Copyright Ordinance, making proper documentation essential for any commercial use of personal likeness.

When do you need this document?

You need a Likeness License Agreement whenever you plan to use someone's image or personal characteristics for commercial gain. This includes advertising campaigns featuring celebrities or models, corporate marketing materials using employee photographs, documentary films featuring real people, or product endorsements by public figures. The agreement is also essential when creating merchandise featuring someone's likeness, developing mobile apps or games using real person avatars, or publishing books with biographical content. Even seemingly minor uses like company website testimonials with photos require proper licensing to ensure legal compliance in Hong Kong.

Key legal considerations

The most critical aspect is defining the scope of permitted use with absolute precision. Your agreement must specify exactly what media formats are covered, which territories the license applies to, and the duration of usage rights. Approval rights are particularly important – you should establish whether the licensor has veto power over final materials and what happens if approval is withheld. Compensation structures need careful consideration, including upfront fees, royalties, and performance bonuses. You must also address moral rights, which cannot be waived under Hong Kong law, meaning the licensor retains certain rights over how their likeness is portrayed. Termination clauses should cover breach scenarios, while indemnification provisions protect both parties from third-party claims.

Legal requirements in Hong Kong

Under the Personal Data (Privacy) Ordinance, you must obtain explicit consent before collecting and using personal data, including images and biometric information. The agreement must clearly state the purpose of data collection and use, ensuring compliance with data protection principles. Copyright law protection extends to photographs and recordings, so you need proper licensing from both the subject and any photographers or videographers involved. The Trade Descriptions Ordinance requires truthful representation when using likeness for commercial purposes, meaning you cannot misleadingly edit or manipulate images. Additionally, the Control of Obscene and Indecent Articles Ordinance may apply if the content will be publicly distributed, requiring appropriate content ratings and compliance with decency standards.