The Photo Release Agreement serves as a vital legal instrument in Indonesia's creative and business landscape, providing a framework for the authorized use of photographic materials. This document becomes necessary whenever photographs are shared, licensed, or transferred between parties for commercial, promotional, or other specified purposes. It ensures compliance with Indonesian copyright law (Law No. 28 of 2014), data protection regulations, and civil code requirements regarding contracts. The agreement typically includes detailed specifications about usage rights, compensation, attribution requirements, and any restrictions on how the photographs may be used. It's particularly important in protecting both the photographer's intellectual property rights and the user's legal interests while providing clear parameters for the permitted use of photographic content.
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1. Parties: Identifies the photographer/copyright owner and the party receiving rights to use the photos
2. Background: Establishes context of the photo shoot or existing photos and purpose of the agreement
3. Definitions: Defines key terms like 'Photographs', 'Licensed Uses', 'Territory', and 'Term'
4. Grant of Rights: Specifies the rights being transferred or licensed regarding the photographs
5. Permitted Uses: Details how, where, and when the photographs may be used
6. Compensation: Specifies any payment or consideration for the photo release
7. Representations and Warranties: Confirms ownership of rights and authority to grant permission
8. Term and Termination: Specifies duration of the agreement and conditions for termination
9. Governing Law: Establishes Indonesian law as governing law and jurisdiction
1. Model Release Confirmation: Required when photographs include identifiable individuals, confirming their consent
2. Credit and Attribution: Optional section specifying if and how photographer should be credited
3. Moral Rights: Addresses photographer's moral rights under Indonesian copyright law
4. Exclusivity: Optional provisions for exclusive use rights
5. Geographic Restrictions: Limits on territorial use of photographs
6. Media Restrictions: Specific limitations on types of media where photos can be used
7. Confidentiality: Required when dealing with sensitive or private photographs
8. Indemnification: Additional protection against third-party claims
1. Schedule A - Photographs: Detailed list or description of photographs covered by the agreement
2. Schedule B - Compensation Details: Breakdown of payment terms, royalties, or other compensation
3. Schedule C - Permitted Uses: Detailed matrix of allowed uses and any specific restrictions
4. Appendix 1 - Model Release Forms: Copies of model release forms for any identifiable individuals
5. Appendix 2 - Technical Specifications: Details of photo formats, resolutions, and delivery specifications
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