This Image Licensing Agreement is essential for businesses and individuals seeking to legally use and distribute images while protecting intellectual property rights under Maltese law. It should be used whenever there is a need to formally license images for commercial, editorial, or promotional purposes. The agreement covers crucial aspects such as usage rights, territorial limitations, duration, payment terms, and quality requirements. It ensures compliance with Malta's Copyright Act (Chapter 415) and related legislation, making it particularly relevant for digital content distribution, publishing, advertising, and media applications. The document provides legal protection for both the image owner and the licensee, clearly defining permitted uses and restrictions while establishing a framework for the commercial exploitation of visual content.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted
5. Licensed Images: Description or reference to the images covered by the agreement
6. License Fee and Payment Terms: Financial terms, payment schedule, and any royalty arrangements
7. Usage Rights and Restrictions: Specific permitted uses and limitations on image usage
8. Term and Territory: Duration of the license and geographical scope
9. Representations and Warranties: Parties' assurances regarding ownership, rights, and quality
10. Intellectual Property Rights: Protection and acknowledgment of IP rights
11. Termination: Circumstances and procedures for ending the agreement
12. Governing Law and Jurisdiction: Specification of Maltese law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Exclusivity Provisions: Used when granting exclusive rights to the licensee
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the images
3. Moral Rights: Required when dealing with attribution rights and image integrity
4. Technical Requirements: Include when specific technical standards or formats are required
5. Quality Control: Used when specific quality standards must be maintained in image reproduction
6. Marketing and Promotion: Include when specific marketing rights or restrictions apply
7. Credit and Attribution: Used when specific attribution requirements exist
8. Audit Rights: Include for agreements with usage-based payments or restrictions
9. Insurance Requirements: Used when specific insurance coverage is required
1. Schedule 1 - Licensed Images: Detailed list and description of all images covered by the license
2. Schedule 2 - Technical Specifications: Technical requirements for image reproduction and usage
3. Schedule 3 - Fee Schedule: Detailed breakdown of licensing fees and payment terms
4. Schedule 4 - Usage Guidelines: Specific guidelines for how images may be used and displayed
5. Schedule 5 - Approved Territories: List of geographical territories where license is valid
6. Appendix A - Sample Attribution: Examples of correct attribution formats
7. Appendix B - Quality Standards: Detailed quality requirements for image reproduction
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