Digital Image License Agreement for India

Digital Image License Agreement Template for India

This Digital Image License Agreement is a comprehensive legal document governed by Indian law, specifically designed to facilitate the licensing of digital images while ensuring compliance with the Indian Copyright Act, 1957 and the Information Technology Act, 2000. The agreement establishes the terms and conditions for using digital images, including usage rights, restrictions, attribution requirements, and payment terms. It provides clear guidelines for both licensors and licensees while incorporating specific provisions required under Indian intellectual property law and digital content regulations.

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What is a Digital Image License Agreement?

The Digital Image License Agreement is essential for businesses and individuals engaging in the creation, distribution, or use of digital images in India. This agreement is particularly relevant in today's digital economy where image licensing has become increasingly important for various business purposes. The document complies with Indian legal requirements, including the Copyright Act, 1957, and the Information Technology Act, 2000, while addressing modern digital licensing needs. It should be used whenever digital images are being licensed for commercial or professional use, whether for websites, marketing materials, publications, or other media. The agreement covers crucial aspects such as usage rights, territorial restrictions, modification rights, and attribution requirements, while incorporating specific provisions required under Indian law.

What sections should be included in a Digital Image License Agreement?

1. Parties: Identifies the licensor (image owner/rights holder) and licensee with full legal names and addresses

2. Background: Brief context about the image(s) being licensed and the intended purpose of the license

3. Definitions: Defines key terms used in the agreement including 'Licensed Images', 'Territory', 'Term', 'License Fee', and 'Permitted Uses'

4. Grant of License: Specifies the exact rights being granted, including type of license (exclusive/non-exclusive), permitted uses, and territory

5. License Fee and Payment Terms: Details the license fees, payment schedule, and any recurring fees or royalties

6. Delivery and Technical Specifications: Specifies the format, resolution, and delivery method of the licensed images

7. Usage Restrictions: Lists prohibited uses and limitations on the license

8. Attribution and Copyright Notice: Requirements for crediting the image creator and displaying copyright notices

9. Representations and Warranties: Warranties regarding ownership, right to license, and image content

10. Term and Termination: Duration of the license and conditions for termination

11. Indemnification: Mutual indemnification provisions for breach of agreement or misuse

12. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes

What sections are optional to include in a Digital Image License Agreement?

1. Sublicensing Rights: Include when licensee is permitted to sublicense the images to third parties

2. Modification Rights: Include when licensee is permitted to modify or edit the licensed images

3. Territory-Specific Requirements: Include when license is limited to specific geographic regions with unique requirements

4. Quality Control: Include when licensor requires approval rights over the final use of images

5. Moral Rights: Include specific provisions regarding artist's moral rights under Indian copyright law

6. Digital Rights Management: Include when specific DRM requirements are needed to protect the licensed images

7. Assignment Rights: Include when transfer of license rights to other entities is permitted

What schedules should be included in a Digital Image License Agreement?

1. Schedule A - Licensed Images: Detailed list of all images covered by the license, including file names, descriptions, and unique identifiers

2. Schedule B - Technical Specifications: Detailed technical requirements including file formats, resolution, color specifications, and metadata requirements

3. Schedule C - Fee Schedule: Detailed breakdown of license fees, including any variable pricing based on usage

4. Schedule D - Permitted Uses: Comprehensive list of specific permitted uses and any usage-specific restrictions

5. Appendix 1 - Attribution Requirements: Specific format and placement requirements for image credits and copyright notices

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Media & Entertainment

Digital Publishing

Advertising

Photography

E-commerce

Education

Marketing

Technology

Creative Arts

Digital Media

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Procurement

Publications

Intellectual Property

Commercial

Content Licensing

Relevant Roles

Content Licensing Manager

Digital Rights Manager

Legal Counsel

Copyright Officer

Creative Director

Marketing Manager

Digital Content Manager

Art Director

Publications Manager

Brand Manager

Procurement Officer

Commercial Manager

Digital Asset Manager

Content Acquisition Specialist

Industries
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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