The Digital Image License Agreement serves as a crucial legal instrument for managing digital image rights under New Zealand jurisdiction. It is essential when any party wishes to legally use digital images owned by another entity, whether for commercial, editorial, or promotional purposes. This agreement becomes necessary in various scenarios, including when businesses need stock photos for marketing, when publishers require images for publications, or when advertising agencies license photographs for campaigns. The document ensures compliance with New Zealand's Copyright Act 1994 and related legislation, while clearly defining the scope of permitted use, territorial limitations, duration of the license, and associated fees. It protects both the licensor's intellectual property rights and the licensee's invested interests by providing a clear framework for the authorized use of digital images.
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1. Parties: Identifies and provides full details of the licensor (image rights holder) and licensee
2. Background: Establishes context, confirms licensor's ownership of images, and outlines purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Licensed Images', 'Usage Rights', 'Territory', 'License Period'
4. Grant of License: Specifies the exact rights being granted, including type of license (exclusive/non-exclusive), permitted uses, and territory
5. License Fee: Details the payment terms, amounts, and payment schedule
6. Usage Restrictions: Specifies prohibited uses, modification restrictions, and sublicensing limitations
7. Duration and Termination: Defines license period, renewal terms, and termination conditions
8. Copyright and Attribution: Establishes copyright ownership, required attribution, and moral rights provisions
9. Warranties and Indemnities: Contains licensor's warranties regarding ownership and licensee's indemnities for misuse
10. General Provisions: Standard contract clauses including governing law, dispute resolution, and notices
1. Model Releases: Required when licensed images contain identifiable individuals, detailing model release obligations and responsibilities
2. Royalty Provisions: Included when agreement involves ongoing royalty payments rather than one-time license fee
3. Social Media Usage: Specific terms for social media platform usage when digital images will be used on social media
4. Exclusive Territory Rights: Used when granting exclusive rights in specific geographic territories
5. Modification Rights: Detailed terms regarding permitted alterations to images, required when licensee needs editing rights
6. Sub-licensing Rights: Included when licensee is permitted to sub-license the images to third parties
1. Schedule 1 - Licensed Images: Detailed list and descriptions of all images covered by the license, including file names and reference numbers
2. Schedule 2 - License Fee Schedule: Breakdown of license fees, payment terms, and any recurring charges
3. Schedule 3 - Permitted Usage Examples: Specific examples and scenarios of permitted uses of the licensed images
4. Appendix A - Technical Specifications: Technical details of the licensed images including file formats, resolution, and delivery specifications
5. Appendix B - Attribution Requirements: Detailed requirements for image attribution and copyright notices
Relevant legal definitions
Agreement
Licensed Images
License Fee
Effective Date
Initial Term
Territory
Intellectual Property Rights
Usage Rights
Permitted Uses
Prohibited Uses
Modifications
Derivative Works
Commercial Purpose
Editorial Purpose
Attribution Requirements
Digital Format
High Resolution
Low Resolution
Metadata
Model Release
Property Release
Publication
Reproduction
Sub-license
Third Party
Exclusive Rights
Non-exclusive Rights
Force Majeure
Confidential Information
Business Day
Moral Rights
Copyright Notice
Digital Distribution
Platform
Term
Working Hours
Licensed Images
License Fee
Effective Date
Initial Term
Territory
Intellectual Property Rights
Usage Rights
Permitted Uses
Prohibited Uses
Modifications
Derivative Works
Commercial Purpose
Editorial Purpose
Attribution Requirements
Digital Format
High Resolution
Low Resolution
Metadata
Model Release
Property Release
Publication
Reproduction
Sub-license
Third Party
Exclusive Rights
Non-exclusive Rights
Force Majeure
Confidential Information
Business Day
Moral Rights
Copyright Notice
Digital Distribution
Platform
Term
Working Hours
Clauses
License Grant
Payment
Intellectual Property
Usage Rights
Territory Restrictions
Duration
Termination
Attribution
Warranties
Indemnification
Confidentiality
Modification Rights
Sub-licensing
Quality Control
Delivery
Technical Requirements
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Digital Rights Management
Model Release
Copyright Protection
Moral Rights
Data Protection
Payment
Intellectual Property
Usage Rights
Territory Restrictions
Duration
Termination
Attribution
Warranties
Indemnification
Confidentiality
Modification Rights
Sub-licensing
Quality Control
Delivery
Technical Requirements
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Digital Rights Management
Model Release
Copyright Protection
Moral Rights
Data Protection
Relevant Industries
Media and Entertainment
Advertising
Publishing
Digital Marketing
E-commerce
Education
Corporate Communications
News and Journalism
Creative Arts
Retail
Technology
Professional Services
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Brand Management
Communications
Publications
Social Media
Procurement
Intellectual Property
Relevant Roles
Content Manager
Creative Director
Marketing Manager
Legal Counsel
Digital Asset Manager
Art Director
Brand Manager
Communications Manager
Photographer
Licensing Manager
Editorial Director
Digital Rights Manager
Publications Manager
Social Media Manager
Procurement Manager
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