The Permission To Use Photo Agreement is essential in New Zealand's digital and print media landscape where the proper licensing of photographic works is crucial. This document is used when a photographer or copyright owner grants specific rights to use their photographs while retaining their underlying copyright. It's particularly relevant in commercial, editorial, and promotional contexts, ensuring compliance with New Zealand's Copyright Act 1994 and related legislation. The agreement typically includes detailed specifications about permitted uses, attribution requirements, duration of use, and any territorial restrictions. It's designed to protect both the photographer's intellectual property rights and the user's authorized usage rights, while preventing unauthorized reproduction or distribution.
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1. Parties: Identifies and provides full details of the photographer/copyright owner and the party receiving permission to use the photograph(s)
2. Background: Establishes the context of the agreement, confirming the photographer's ownership of the photos and the recipient's desire to use them
3. Definitions: Defines key terms used in the agreement such as 'Photographs', 'Licensed Use', 'Territory', and 'Term'
4. Grant of Permission: Specifies the exact rights being granted, including the scope of permitted use
5. Term and Territory: Defines the duration of the permission and the geographic areas where the photos may be used
6. Attribution Requirements: Specifies how the photographer should be credited when the photographs are used
7. Restrictions on Use: Outlines specific limitations on how the photographs can be used, modified, or shared
8. Warranties: Photographer's warranties regarding ownership and right to grant permission
9. General Terms: Standard contract terms including governing law, entire agreement, and amendment provisions
1. Commercial Use Terms: Additional terms specific to commercial usage, including any revenue sharing or commercial restrictions
2. Digital Rights Management: Specific terms relating to digital use and protection of the photographs in online environments
3. Model Releases: Reference to and confirmation of model releases where photographs contain identifiable individuals
4. Termination Rights: Specific conditions under which either party may terminate the permission
5. Sub-licensing Rights: Terms governing whether and how the recipient may sub-license the photographs to third parties
6. Quality Control: Requirements for maintaining the quality and integrity of the photographs when used
7. Fees and Payment: Terms relating to any fees or royalties payable for the use of the photographs
1. Schedule 1 - Photograph Details: Detailed description of each photograph covered by the agreement, including file names, formats, and identifying features
2. Schedule 2 - Permitted Uses: Specific list of approved uses, including any required formats, sizes, or contexts
3. Schedule 3 - Fee Schedule: Breakdown of any fees or royalties payable, including payment terms and schedules
4. Appendix A - Technical Specifications: Technical requirements for photograph reproduction, including resolution, color specifications, and format requirements
5. Appendix B - Model Releases: Copies of relevant model releases for photographs containing identifiable individuals
Relevant legal definitions
Photographs
Licensed Use
Territory
Term
Copyright Owner
User
Permitted Purpose
Modification Rights
Attribution Requirements
Commercial Use
Digital Platform
Reproduction
Original Work
Publication
Usage Fee
Effective Date
Intellectual Property Rights
Model Release
Licensed Materials
Derivative Works
End User
Quality Standards
Confidential Information
Business Day
Force Majeure Event
Licensed Use
Territory
Term
Copyright Owner
User
Permitted Purpose
Modification Rights
Attribution Requirements
Commercial Use
Digital Platform
Reproduction
Original Work
Publication
Usage Fee
Effective Date
Intellectual Property Rights
Model Release
Licensed Materials
Derivative Works
End User
Quality Standards
Confidential Information
Business Day
Force Majeure Event
Clauses
Grant of Rights
Usage Restrictions
Attribution
Term and Termination
Territory
Warranties and Representations
Copyright Protection
Fees and Payment
Intellectual Property
Modification Rights
Sub-licensing
Quality Control
Confidentiality
Liability and Indemnification
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Severability
Privacy and Data Protection
Notices
Amendment
Digital Rights Management
Model Releases
Usage Restrictions
Attribution
Term and Termination
Territory
Warranties and Representations
Copyright Protection
Fees and Payment
Intellectual Property
Modification Rights
Sub-licensing
Quality Control
Confidentiality
Liability and Indemnification
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Severability
Privacy and Data Protection
Notices
Amendment
Digital Rights Management
Model Releases
Relevant Industries
Media and Entertainment
Advertising and Marketing
Publishing
Education
Retail
Fashion
Real Estate
Tourism and Hospitality
Non-profit
Creative Arts
Professional Services
Digital Media
E-commerce
Relevant Teams
Legal
Marketing
Creative Services
Digital Media
Communications
Content Creation
Brand Management
Publications
Procurement
Compliance
Social Media
Relevant Roles
Photographer
Marketing Manager
Content Manager
Creative Director
Art Director
Digital Media Manager
Publications Manager
Brand Manager
Legal Counsel
Compliance Officer
Communications Manager
Social Media Manager
Editorial Director
Procurement Manager
Project Manager
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