The Likeness Agreement serves as a crucial legal instrument in India's growing media and advertising landscape, where the commercial use of personal attributes has become increasingly valuable and complex. This document is essential when an individual's likeness, image, voice, or other personal attributes are to be used for commercial purposes, such as advertising campaigns, promotional materials, or digital content. The agreement, governed by Indian law, ensures compliance with the Indian Contract Act, 1872, copyright laws, and privacy regulations while protecting both the rights holder's interests and the licensee's commercial objectives. It's particularly relevant given India's evolving digital economy and the rising importance of personality rights protection in commercial contexts.
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1. Parties: Identification of the rights holder (person whose likeness is being licensed) and the licensee
2. Background: Context of the agreement and brief description of the intended use of the likeness
3. Definitions: Key terms including 'Likeness', 'Territory', 'Term', 'Licensed Materials', and 'Permitted Uses'
4. Grant of Rights: Specific rights being granted regarding the use of likeness, including scope and limitations
5. Term and Territory: Duration of the agreement and geographical areas where the likeness can be used
6. Compensation: Payment terms, royalties, and any other financial considerations
7. Approval Rights: Process for approving specific uses of the likeness before publication/distribution
8. Ownership and Intellectual Property: Confirmation of ownership rights and intellectual property provisions
9. Representations and Warranties: Standard warranties from both parties regarding authority to enter agreement and ownership of rights
10. Indemnification: Mutual or one-way indemnification provisions for claims arising from use of likeness
11. Termination: Conditions for termination and consequences of agreement ending
12. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Digital Rights: Specific provisions for online and social media usage of likeness
2. Moral Rights: Specific provisions regarding moral rights protection, particularly relevant for artistic works
3. International Usage: Additional terms for international exploitation of likeness
4. Publicity and Promotion: Specific terms regarding how the likeness can be used in promotional materials
5. Exclusivity: Terms making the agreement exclusive in certain contexts or territories
6. Right of First Refusal: Option for licensee to match third-party offers for similar usage
7. Privacy Protection: Additional privacy safeguards beyond standard provisions
8. Social Media Guidelines: Specific rules and restrictions for social media usage
1. Schedule A - Licensed Materials: Detailed list and descriptions of specific photographs, recordings, or other materials covered by the agreement
2. Schedule B - Permitted Uses: Comprehensive list of approved uses and any specific restrictions or requirements
3. Schedule C - Compensation Schedule: Detailed breakdown of payment terms, royalty rates, and payment schedules
4. Schedule D - Approval Process: Detailed procedures and timelines for obtaining approval for usage
5. Schedule E - Technical Specifications: Technical requirements for how the likeness may be reproduced or displayed
6. Appendix 1 - Sample Approval Form: Template for seeking approval for specific uses of the likeness
7. Appendix 2 - Usage Guidelines: Detailed guidelines for how the likeness may and may not be used
Relevant legal definitions
Agreement
Likeness
Licensed Materials
Permitted Uses
Territory
Term
Effective Date
Rights Holder
Licensee
Intellectual Property Rights
Derivative Works
Commercial Purposes
Digital Media
Social Media
Promotional Materials
Advertising
Merchandise
Royalties
Net Revenue
Gross Revenue
Approval Process
Confidential Information
Force Majeure
Marketing Materials
Personal Attributes
Publication
Third Party
Usage Rights
Working Day
Moral Rights
Exclusivity Period
Licensed Products
Distribution Channels
Media Platforms
Publicity Rights
Associated Rights
Brand Guidelines
Quality Standards
Talent
Creative Content
Likeness
Licensed Materials
Permitted Uses
Territory
Term
Effective Date
Rights Holder
Licensee
Intellectual Property Rights
Derivative Works
Commercial Purposes
Digital Media
Social Media
Promotional Materials
Advertising
Merchandise
Royalties
Net Revenue
Gross Revenue
Approval Process
Confidential Information
Force Majeure
Marketing Materials
Personal Attributes
Publication
Third Party
Usage Rights
Working Day
Moral Rights
Exclusivity Period
Licensed Products
Distribution Channels
Media Platforms
Publicity Rights
Associated Rights
Brand Guidelines
Quality Standards
Talent
Creative Content
Clauses
Parties and Definitions
Grant of Rights
Usage Rights
Territory and Term
Exclusivity
Compensation
Payment Terms
Approval Rights
Quality Control
Moral Rights
Intellectual Property
Representations and Warranties
Confidentiality
Privacy Protection
Indemnification
Limitation of Liability
Assignment
Term and Termination
Force Majeure
Publicity Rights
Social Media Usage
Digital Rights
Dispute Resolution
Governing Law
Amendment
Severability
Entire Agreement
Notices
Waiver
Further Assurance
Grant of Rights
Usage Rights
Territory and Term
Exclusivity
Compensation
Payment Terms
Approval Rights
Quality Control
Moral Rights
Intellectual Property
Representations and Warranties
Confidentiality
Privacy Protection
Indemnification
Limitation of Liability
Assignment
Term and Termination
Force Majeure
Publicity Rights
Social Media Usage
Digital Rights
Dispute Resolution
Governing Law
Amendment
Severability
Entire Agreement
Notices
Waiver
Further Assurance
Relevant Industries
Entertainment
Advertising
Media
Digital Marketing
Publishing
Retail
Fashion
Sports
Gaming
E-commerce
Education
Corporate Communications
Relevant Teams
Legal
Marketing
Brand Management
Creative Services
Digital Marketing
Public Relations
Content Creation
Talent Management
Commercial Operations
Rights Management
Compliance
Business Development
Relevant Roles
Legal Counsel
Brand Manager
Marketing Director
Talent Manager
Commercial Director
Content Manager
Digital Marketing Manager
Creative Director
Public Relations Manager
Advertising Executive
Business Development Manager
Rights Management Specialist
Compliance Officer
Entertainment Lawyer
Model
Actor
Athlete
Celebrity
Influencer
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