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Media Waiver

Media Waiver Template for Indonesia

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Key Requirements PROMPT example:

Media Waiver

"I need a Media Waiver for our upcoming fashion brand campaign photoshoot in Jakarta scheduled for March 2025, which will involve multiple models and require rights for both print and digital advertising across Southeast Asia for 2 years."

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Document background
The Media Waiver serves as a crucial legal instrument in Indonesia's media and business landscape, providing a framework for obtaining and documenting consent for media usage. This document is essential when organizations or individuals need to capture, store, and use images, videos, or recordings of subjects for various purposes, whether commercial or non-commercial. It ensures compliance with Indonesian legislation, including Law No. 28 of 2014 (Copyright Law), Law No. 27 of 2019 (Personal Data Protection), and Law No. 11 of 2008 (Electronic Information and Transactions). The Media Waiver is particularly relevant in today's digital age, where content can be distributed across multiple platforms and jurisdictions, requiring clear documentation of usage rights and permissions while protecting both the rights holder and the content user.
Suggested Sections

1. Parties: Identification of the person/entity granting the waiver (Grantor) and the person/entity receiving the rights (Grantee)

2. Background: Context of the media creation and intended usage

3. Definitions: Key terms including 'Media Content', 'Usage Rights', 'Territory', and 'Term'

4. Grant of Rights: Explicit permission to use the media content, including scope of usage

5. Media Description: Detailed description of the media content covered by the waiver

6. Territory and Duration: Geographic scope and time period for which the waiver is valid

7. Usage Rights: Specific permitted uses of the media content

8. Representations and Warranties: Grantor's confirmation of authority to grant rights and other standard warranties

9. Compensation: Statement regarding payment or non-payment for the media rights

10. Governing Law: Specification of Indonesian law as governing law

11. Signature: Execution blocks for all parties

Optional Sections

1. Commercial Usage: Additional terms for commercial exploitation of the media - include when media may be used for commercial purposes

2. Digital Rights: Specific provisions for online and social media usage - include when digital distribution is contemplated

3. Moral Rights Waiver: Waiver of moral rights under Indonesian copyright law - include for creative works

4. Privacy Notice: Detailed privacy information as per PDP Law - include when collecting sensitive personal data

5. Revocation Rights: Terms under which the waiver can be revoked - include for long-term or broad usage rights

6. Third Party Rights: Permissions for sublicensing - include when third-party usage is anticipated

7. Attribution Requirements: Requirements for crediting the subject - include for professional or artistic works

Suggested Schedules

1. Schedule 1 - Media Content List: Detailed inventory of all media content covered by the waiver

2. Schedule 2 - Approved Usage Examples: Examples of permitted uses of the media content

3. Schedule 3 - Restricted Uses: List of specifically prohibited uses of the media content

4. Appendix A - Consent Form: Separate consent form for specific types of media usage

5. Appendix B - Privacy Notice: Detailed privacy notice compliant with Indonesian PDP Law

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Media Content
Licensed Rights
Territory
Term
Commercial Use
Non-Commercial Use
Digital Platform
Social Media
Broadcast
Publication
Editing Rights
Distribution Rights
Intellectual Property Rights
Personal Data
Image Rights
Moral Rights
Derivative Works
Usage Period
Permitted Purpose
Prohibited Use
Compensation
Third Party
Consent
Privacy Rights
Distribution Channels
Marketing Materials
Promotional Use
Archive
Reproduction
Public Display
Digital Distribution
Effective Date
Force Majeure
Confidential Information
Authorized Representative
Relevant Industries

Media & Entertainment

Advertising & Marketing

Education

Corporate Services

Events & Hospitality

Digital Technology

Public Relations

Broadcasting

Social Media

Non-Profit & Charity

Sports & Recreation

Fashion & Modeling

Healthcare

Retail

Relevant Teams

Legal

Marketing

Communications

Human Resources

Public Relations

Digital Content

Creative Services

Compliance

Social Media

Production

Brand Management

Relevant Roles

Marketing Manager

Content Producer

Legal Counsel

Communications Director

Event Coordinator

HR Manager

Public Relations Officer

Digital Content Manager

Brand Manager

Compliance Officer

Creative Director

Social Media Manager

Production Manager

Talent Acquisition Specialist

Photography Director

Industries
Law No. 28 of 2014: Copyright Law (Undang-Undang Hak Cipta) - Governs intellectual property rights including image rights and creative works, essential for media usage permissions
Law No. 11 of 2008: Electronic Information and Transactions Law (UU ITE) - Regulates electronic transactions and digital documentation, relevant for digital media usage and online distribution rights
Law No. 27 of 2019: Personal Data Protection Law (PDP Law) - Protects individual privacy rights and regulates the use of personal information, including images and recordings
Law No. 40 of 1999: Press Law - Governs press freedom and media publication rights, relevant for media distribution and usage in news or publications
Law No. 32 of 2002: Broadcasting Law - Regulates broadcasting activities and content distribution, important for audio-visual media usage
Indonesian Civil Code (KUHPer): Articles 1320 and 1338 specifically govern contract validity and parties' freedom to contract, essential for the waiver's enforceability
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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