Non Exclusive Photo License Agreement for New Zealand

Non Exclusive Photo License Agreement Template for New Zealand

A Non-Exclusive Photo License Agreement under New Zealand law is a legal document that establishes the terms and conditions under which a photographer grants permission to use their photographs while retaining copyright ownership and the right to license the same photos to others. The agreement complies with New Zealand's Copyright Act 1994 and related legislation, providing clear terms for usage rights, attribution requirements, and commercial considerations. It includes specific provisions for payment, usage restrictions, territorial limitations if any, and requirements for photographer credit, while ensuring compliance with New Zealand's legal framework for intellectual property and commercial contracts.

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What is a Non Exclusive Photo License Agreement?

The Non-Exclusive Photo License Agreement is essential for photographers and businesses in New Zealand who need to establish clear legal terms for the use of photographic works. This document is typically used when a photographer wants to grant usage rights to their photographs while maintaining copyright ownership and the ability to license the same photos to others. It addresses key aspects required under New Zealand law, including compliance with the Copyright Act 1994 and Contract and Commercial Law Act 2017. The agreement covers crucial elements such as usage scope, payment terms, attribution requirements, and restrictions on use, making it suitable for both commercial and editorial purposes. It's particularly relevant in today's digital age where photographs may be used across multiple platforms and media types.

What sections should be included in a Non Exclusive Photo License Agreement?

1. Parties: Identifies and provides full details of the photographer (licensor) and the party receiving the license (licensee)

2. Background: Establishes that the photographer owns the copyright to the photographs and has the right to grant the license

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

4. Grant of License: Specifies the non-exclusive nature of the license and outlines the permitted uses of the photographs

5. License Fee and Payment Terms: Details the agreed payment amount, payment schedule, and method of payment

6. Photographer's Rights: Confirms the photographer retains copyright and can continue to use and license the photos to others

7. Usage Restrictions: Specifies what the licensee cannot do with the photos, including sub-licensing or modification restrictions

8. Attribution Requirements: Specifies if and how the photographer should be credited when photos are used

9. Representations and Warranties: Photographer's warranties regarding ownership and licensee's warranties regarding usage

10. Term and Termination: Duration of the license and circumstances under which it can be terminated

11. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement provisions

What sections are optional to include in a Non Exclusive Photo License Agreement?

1. Territory Restrictions: Used when the license is limited to specific geographic regions or territories

2. Model Releases: Required when photographs contain identifiable individuals, specifying whether model releases have been obtained

3. Commercial Use Terms: Additional terms specific to commercial usage, including any advertising restrictions

4. Digital Rights Management: Specifies any technical protection measures required for digital use of photos

5. Social Media Usage: Specific terms for social media platforms when social media use is permitted

6. Exclusivity Periods: Used when temporary exclusivity is granted for specific uses or time periods

7. Moral Rights: Specific provisions regarding the photographer's moral rights under New Zealand law

What schedules should be included in a Non Exclusive Photo License Agreement?

1. Schedule 1 - Licensed Photographs: Detailed list and descriptions of all photographs covered by the license, including file names and reference numbers

2. Schedule 2 - License Fee Schedule: Breakdown of fees, including any usage-based fees or royalty structures

3. Schedule 3 - Permitted Uses: Detailed specification of allowed uses, including media types, formats, and contexts

4. Appendix A - Technical Specifications: Technical details of the provided photographs including resolution, file formats, and delivery method

5. Appendix B - Model Releases: Copies of model releases where applicable

6. Appendix C - Attribution Requirements: Specific format and placement requirements for photographer credits

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

New Zealand

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Media & Entertainment

Advertising & Marketing

Publishing

Real Estate

Retail

Tourism & Hospitality

Education

Corporate Services

E-commerce

Fashion & Beauty

Arts & Culture

Digital Media

Relevant Teams

Legal

Marketing

Creative

Content

Digital

Brand

Communications

Publications

Social Media

E-commerce

Editorial

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Art Director

Brand Manager

Digital Content Specialist

Publications Manager

Legal Counsel

Licensing Manager

Media Buyer

Communications Manager

Editorial Director

E-commerce Manager

Social Media 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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