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Photo Usage Agreement

Photo Usage Agreement Template for Indonesia

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Key Requirements PROMPT example:

Photo Usage Agreement

"I need a Photo Usage Agreement for my fashion photography business based in Jakarta, granting non-exclusive rights to a retail company to use 25 product photos across their social media platforms and website for 12 months starting January 2025."

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Document background
The Photo Usage Agreement serves as a critical legal instrument for establishing clear terms and conditions regarding the licensed use of photographic works within the Indonesian legal framework. This document becomes necessary whenever photographic works are being licensed for commercial, editorial, or promotional use, whether for digital or print media. It ensures compliance with Indonesian Copyright Law (Law No. 28 of 2014) and related regulations while protecting the interests of both the copyright owner and the licensee. The agreement typically includes detailed specifications about usage rights, territorial scope, duration, attribution requirements, and compensation, making it essential for professional photographers, media organizations, and businesses seeking to legally utilize photographic content.
Suggested Sections

1. Parties: Identification of the photographer/copyright owner and the licensee/user of the photographs

2. Background: Context of the agreement and brief description of the photographic works involved

3. Definitions: Key terms used throughout the agreement including 'Licensed Photos', 'Usage Rights', 'Territory', etc.

4. Grant of Rights: Specific rights being granted to the licensee and any restrictions on usage

5. Term and Territory: Duration of the license and geographical areas where the photos can be used

6. Payment Terms: License fees, payment schedule, and any additional usage fees

7. Attribution and Credit: Requirements for crediting the photographer when using the photos

8. Intellectual Property Rights: Confirmation of photographer's ownership and protection of rights

9. Warranties and Representations: Guarantees regarding ownership, originality, and right to license

10. Termination: Conditions under which the agreement can be terminated and consequences

11. Governing Law: Specification of Indonesian law as governing law and jurisdiction

Optional Sections

1. Model Releases: Required when photos contain identifiable individuals, addressing consent and usage rights

2. Property Releases: Needed when photos contain private property or trademarked items

3. Exclusive Rights: Include when granting exclusive usage rights to the licensee

4. Social Media Usage: Specific terms for social media platforms when digital usage is intended

5. Modifications and Editing: Terms regarding permitted alterations to the photos

6. Sub-licensing Rights: Include when licensee is permitted to sub-license the photos to third parties

7. Insurance Requirements: Needed for high-value commercial usage or when required by specific industries

Suggested Schedules

1. Schedule A - Licensed Photographs: Detailed list and descriptions of all photographs covered by the agreement

2. Schedule B - Usage Specifications: Detailed breakdown of permitted uses, formats, and channels

3. Schedule C - Fee Schedule: Detailed breakdown of all fees, including any usage-based fees

4. Appendix 1 - Technical Specifications: Technical details of the photos including resolution, format, and delivery specifications

5. Appendix 2 - Model Releases: Copies of all relevant model release forms

6. Appendix 3 - Property Releases: Copies of all relevant property release forms

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
Agreement
Licensed Photographs
Photographer
Licensee
Usage Rights
Territory
Term
License Fee
Intellectual Property Rights
Moral Rights
Economic Rights
Permitted Uses
Modifications
Derivative Works
Publication
Digital Platform
Social Media
Commercial Use
Editorial Use
Promotional Use
Attribution
Model Release
Property Release
Effective Date
Confidential Information
Force Majeure
Working Day
Delivery Format
Resolution
Usage Period
Exclusive Rights
Non-exclusive Rights
Sub-license
Third Party
Relevant Industries

Media & Entertainment

Advertising

Publishing

Digital Marketing

E-commerce

Retail

Tourism & Hospitality

Real Estate

Fashion & Apparel

Corporate Communications

Education

Non-profit Organizations

Events & Exhibitions

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Editorial

Social Media

Compliance

Corporate Affairs

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Publishing Director

Art Director

Legal Counsel

Brand Manager

Digital Content Coordinator

Communications Manager

Procurement Manager

Licensing Manager

Editorial Director

Social Media Manager

Industries
Law No. 28 of 2014 on Copyright: The primary legislation governing copyright protection in Indonesia, including provisions for photographic works, moral rights, economic rights, and licensing arrangements
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Regulates electronic transactions and digital content sharing, relevant for digital photo distribution and online usage rights
Law No. 27 of 2019 on Personal Data Protection: Covers protection of personal data, including consent requirements for photos containing identifiable individuals
Government Regulation No. 71 of 2019: Implementation regulation for electronic systems and transactions, relevant for digital photo transfer and storage
Minister of Law and Human Rights Regulation No. 36 of 2018: Procedures for copyright registration and licensing arrangements for creative works including photographs
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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