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Image Rights Contract

Image Rights Contract Template for Philippines

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Key Requirements PROMPT example:

Image Rights Contract

"I need an Image Rights Contract for a social media influencer campaign where our fashion brand will use the influencer's photos across all our digital platforms and print materials from January 2025 to December 2025, with exclusive rights in Southeast Asia."

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Document background
The Image Rights Contract serves as a crucial legal instrument in the Philippine market for protecting and commercializing an individual's image, likeness, and visual representation. This document is essential when engaging in any commercial activity involving the use of a person's image, whether for advertising, marketing, entertainment, or digital content creation. The contract must comply with Philippine legislation, including the Intellectual Property Code (RA 8293), Data Privacy Act (RA 10173), and relevant provisions of the Civil Code. It's particularly relevant in today's digital age where image usage spans multiple platforms and territories. The agreement typically outlines specific usage rights, territorial scope, duration, compensation terms, and restrictions, while incorporating necessary protections for both rights holders and users.
Suggested Sections

1. Parties: Identification of the rights holder (model/subject) and the party acquiring the rights (photographer/company)

2. Background: Context of the agreement and brief description of the purpose for which the images will be used

3. Definitions: Key terms including 'Image Rights', 'Territory', 'Term', 'Licensed Materials', 'Usage Rights', and other relevant definitions

4. Grant of Rights: Specific rights being granted, including scope of usage, territories, and mediums

5. Term and Territory: Duration of the agreement and geographical areas where the rights can be exercised

6. Compensation: Payment terms, including any royalties, usage-based fees, or one-time payments

7. Usage Restrictions: Specific limitations on how the images can be used, including prohibited uses and modifications

8. Moral Rights: Recognition of the subject's moral rights and agreement on attribution

9. Representations and Warranties: Declarations by both parties regarding their capacity to enter into the agreement and rights ownership

10. Termination: Conditions under which the agreement can be terminated and consequences of termination

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Exclusivity: Used when the rights holder agrees not to grant similar rights to others during the term

2. Digital Rights and Social Media: Specific provisions for digital and social media usage when relevant

3. International Usage: Additional terms for international distribution and usage of images

4. Retouching and Editing Rights: Specific provisions regarding permission and extent of image manipulation

5. Publicity and Promotion: Terms regarding how the images can be used in promotional materials

6. Minor Protection Provisions: Additional protections when the subject is a minor

7. Emergency Takedown Provisions: Procedures for removing images in case of emergencies or disputes

8. Revenue Sharing: Terms for sharing revenue from commercial exploitation when applicable

Suggested Schedules

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

2. Schedule 2 - Approved Usage Examples: Examples and specifications of how the images may be used

3. Schedule 3 - Fee Schedule: Detailed breakdown of payments, royalties, and payment schedules

4. Schedule 4 - Territory Specifications: Detailed list of territories and any territory-specific terms

5. Appendix A - Image Specifications: Technical specifications for image formats, resolutions, and delivery requirements

6. Appendix B - Approval Process: Procedures for obtaining approval for specific uses of images

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Approved Usage
Commencement Date
Commercial Purpose
Confidential Information
Content
Digital Media
Editorial Use
Effective Date
Excluded Uses
Force Majeure
Image Rights
Images
Intellectual Property Rights
Licensed Materials
Licensed Products
Licensed Territory
Likeness
Media
Modifications
Name and Likeness
Net Revenue
Permitted Use
Personal Data
Photography
Prohibited Uses
Publication
Publicity Rights
Reasonable Market Value
Reproduction
Royalties
Social Media Platforms
Term
Territory
Third Party
Usage Fee
Usage Period
Usage Rights
Visual Content
Works
Clauses
Definitions
Grant of Rights
Term and Duration
Territory
Exclusivity
Consideration and Payment
Usage Rights
Restrictions
Moral Rights
Privacy Rights
Warranties and Representations
Indemnification
Confidentiality
Assignment and Sub-licensing
Modification Rights
Approval Process
Quality Control
Credit and Attribution
Intellectual Property
Digital Rights
Social Media Usage
Termination
Force Majeure
Governing Law
Dispute Resolution
Notices
Entire Agreement
Severability
Waiver
Amendment
Data Protection
Emergency Takedown
Third Party Rights
Survival
Relevant Industries

Entertainment

Advertising

Media

Fashion

Publishing

Digital Marketing

E-commerce

Public Relations

Sports

Gaming

Social Media

Retail

Relevant Teams

Legal

Marketing

Creative

Digital

Compliance

Public Relations

Content Creation

Brand Management

Rights Management

Talent Management

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Talent Manager

Creative Director

Content Manager

Digital Marketing Manager

Public Relations Manager

Art Director

Photographer

Model

Advertising Executive

Rights Management Specialist

Compliance Officer

Social Media Manager

Publishing Manager

Industries
Intellectual Property Code of the Philippines (Republic Act No. 8293): Primary legislation governing intellectual property rights, including provisions for copyright protection of photographs, artistic works, and visual representations
Civil Code of the Philippines (Republic Act No. 386): Contains provisions on contracts, obligations, and personality rights including the right to one's image and likeness (Articles 19, 26, and 32)
Data Privacy Act of 2012 (Republic Act No. 10173): Protects individual privacy rights and regulates the collection, processing, and use of personal information, including photographs and visual representations
Consumer Act of the Philippines (Republic Act No. 7394): Regulates advertising and marketing practices, relevant when images are used for commercial purposes
The Special Protection of Children Against Abuse, Exploitation and Discrimination Act (Republic Act No. 7610): Must be considered when the image rights contract involves minors, providing special protections for their rights and images
E-Commerce Act of 2000 (Republic Act No. 8792): Relevant for digital usage rights and electronic transactions involving image rights in digital formats
Guidelines for Media Practitioners: Professional guidelines issued by the KBP (Kapisanan ng mga Brodkaster ng Pilipinas) regarding use of images in media and broadcasting
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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