Image Licensing Agreement for Malaysia

Image Licensing Agreement Template for Malaysia

This document is a comprehensive Image Licensing Agreement governed by Malaysian law, designed to establish the legal framework for the licensing and use of photographic or digital images. It addresses key aspects including copyright protection under the Malaysian Copyright Act 1987, usage rights, territorial restrictions, and commercial terms. The agreement includes provisions for both digital and physical image usage, incorporating requirements for attribution, quality control, and compliance with Malaysian digital commerce regulations. It provides a robust framework for protecting the rights of both the licensor and licensee while ensuring clear commercial terms and usage parameters.

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What is a Image Licensing Agreement?

The Image Licensing Agreement is essential for businesses and individuals in Malaysia who need to formally license photographic or digital images for commercial, educational, or personal use. This document is particularly relevant in today's digital economy where image usage rights need careful management and protection. The agreement complies with Malaysian legislation, including the Copyright Act 1987 and Electronic Commerce Act 2006, providing a comprehensive framework for image licensing transactions. It covers crucial elements such as usage rights, territorial scope, duration, payment terms, and attribution requirements. This type of agreement is commonly used when stock photos, professional photographs, or digital artwork need to be licensed for specific uses while protecting the original creator's rights and establishing clear commercial terms.

What sections should be included in a Image Licensing Agreement?

1. Parties: Identifies and provides details of the licensor (image owner) and licensee

2. Background: Establishes context of the agreement and ownership of the images

3. Definitions: Defines key terms used throughout the agreement including 'Licensed Images', 'Territory', 'Term', and 'Usage Rights'

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

5. License Restrictions: Details what the licensee cannot do with the licensed images

6. Payment Terms: Specifies license fees, payment schedule, and any royalty arrangements

7. Delivery of Licensed Images: Details how and when the licensed images will be delivered

8. Copyright and Attribution: Confirms copyright ownership and specifies attribution requirements

9. Warranties and Representations: Warranties from both parties regarding rights, permissions, and authority

10. Term and Termination: Duration of agreement and circumstances for termination

11. Post-Termination Obligations: Actions required after agreement ends

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

What sections are optional to include in a Image Licensing Agreement?

1. Quality Control: Required when the license includes specific quality requirements for image reproduction

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

3. Moral Rights: Include for jurisdictions where moral rights are significant or when specifically requested by the creator

4. Digital Rights Management: Include when images are distributed digitally and require DRM protection

5. Confidentiality: Include when sharing of sensitive information is involved

6. Insurance: Include when high-value images are involved or when required by either party

7. Model/Property Releases: Include when images contain identifiable people or private property

What schedules should be included in a Image Licensing Agreement?

1. Schedule 1 - Licensed Images: Detailed list and description of all images covered by the license

2. Schedule 2 - License Fees: Detailed breakdown of all fees, royalties, and payment terms

3. Schedule 3 - Technical Specifications: Technical requirements for image reproduction and usage

4. Schedule 4 - Territory List: Detailed list of territories where license is valid

5. Appendix A - Usage Guidelines: Detailed guidelines for how images may be used and displayed

6. Appendix B - Attribution Requirements: Specific requirements for crediting the image creator/owner

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

Malaysia

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Relevant Industries

Media and Entertainment

Advertising

Publishing

Digital Marketing

Education

E-commerce

Photography

Creative Arts

Technology

Retail

Fashion

Tourism

Relevant Teams

Legal

Creative

Marketing

Digital Assets

Content Management

Brand Management

Communications

Procurement

Intellectual Property

Editorial

Relevant Roles

Legal Counsel

Content Manager

Creative Director

Marketing Manager

Digital Rights Manager

Photographer

Art Director

Publishing Manager

Licensing Specialist

Brand Manager

Digital Asset Manager

Communications Manager

Procurement Manager

IP Rights Manager

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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