The Non-Exclusive Photo License Agreement is essential for businesses and individuals seeking to legally use photographic works while ensuring the photographer retains their copyright and ability to license the same works to others. This document, designed under Philippine law, is commonly used when companies need professional photographs for marketing materials, websites, publications, or advertising campaigns. It includes critical elements such as usage scope, territorial restrictions, duration, attribution requirements, and fee structures. The agreement ensures compliance with the Philippine Intellectual Property Code while providing flexibility for both parties. It's particularly relevant in today's digital age where proper licensing of visual content is crucial for legal compliance and professional relationships in the creative industry.
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1. Parties: Identification of the Licensor (photographer/copyright owner) and Licensee, including full legal names and addresses
2. Background: Brief context explaining the photographer's ownership of the photos and the Licensee's desire to use them
3. Definitions: Key terms used in the agreement including 'Licensed Photos', 'Territory', 'Term', 'Usage Rights', etc.
4. Grant of License: Specific terms of the non-exclusive license, including permitted uses and any restrictions
5. Term and Territory: Duration of the license and geographical areas where the photos may be used
6. License Fee: Payment terms, including amount, payment schedule, and method of payment
7. Photographer's Rights: Retention of copyright and right to license to others, moral rights protection
8. Usage Restrictions: Specific limitations on how the photos can be used, modified, or sublicensed
9. Attribution Requirements: Requirements for crediting the photographer when using the photos
10. Representations and Warranties: Guarantees regarding ownership, right to license, and photo quality
11. Termination: Conditions under which the agreement can be terminated and consequences of termination
12. Governing Law: Specification of Philippine law as governing law and jurisdiction for disputes
1. Digital Rights Management: Specific provisions for digital use and protection of photos, relevant when photos will be used online
2. Exclusivity Period: Optional temporary exclusivity period before the license becomes non-exclusive
3. Quality Control: Requirements for maintaining image quality in reproduction, relevant for commercial use
4. Insurance: Requirements for insurance coverage, relevant for high-value commercial uses
5. Audit Rights: Right to audit usage of photos, relevant for complex commercial arrangements
6. Model Releases: Provisions regarding model releases if photos contain recognizable individuals
7. Social Media Usage: Specific terms for social media use, including platform restrictions
1. Schedule A - Licensed Photographs: Detailed list of all photographs covered by the license, including file names, descriptions, and thumbnails
2. Schedule B - Technical Specifications: Technical requirements for photo reproduction, including resolution, file formats, and color specifications
3. Schedule C - Fee Schedule: Detailed breakdown of licensing fees, including any usage-based pricing
4. Schedule D - Approved Usage Examples: Examples of permitted uses and formatting of the licensed photographs
5. Appendix 1 - Attribution Requirements: Specific format and placement requirements for photographer attribution
Relevant legal definitions
Agreement
Licensed Photographs
Intellectual Property Rights
License Fee
Term
Territory
Permitted Use
Moral Rights
Attribution
Effective Date
Derivative Works
Digital Format
High Resolution
Low Resolution
Reproduction
Commercial Purpose
Editorial Purpose
Publication
Marketing Materials
Digital Platform
Social Media
Exclusive Period
Modified Version
Original Work
Usage Period
Usage Rights
Client
End User
Third Party
Confidential Information
Force Majeure Event
Business Day
Copyright Notice
Delivery Format
License Period
Licensed Photographs
Intellectual Property Rights
License Fee
Term
Territory
Permitted Use
Moral Rights
Attribution
Effective Date
Derivative Works
Digital Format
High Resolution
Low Resolution
Reproduction
Commercial Purpose
Editorial Purpose
Publication
Marketing Materials
Digital Platform
Social Media
Exclusive Period
Modified Version
Original Work
Usage Period
Usage Rights
Client
End User
Third Party
Confidential Information
Force Majeure Event
Business Day
Copyright Notice
Delivery Format
License Period
Clauses
License Grant
Payment Terms
Usage Rights
Territorial Restrictions
Duration
Attribution Requirements
Moral Rights
Warranties and Representations
Indemnification
Intellectual Property
Confidentiality
Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Notices
Amendment
Entire Agreement
Severability
Non-Exclusivity
Quality Control
Digital Rights
Sub-Licensing
Rights Reserved
Model Releases
Property Releases
Audit Rights
Insurance
Publicity
Payment Terms
Usage Rights
Territorial Restrictions
Duration
Attribution Requirements
Moral Rights
Warranties and Representations
Indemnification
Intellectual Property
Confidentiality
Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Notices
Amendment
Entire Agreement
Severability
Non-Exclusivity
Quality Control
Digital Rights
Sub-Licensing
Rights Reserved
Model Releases
Property Releases
Audit Rights
Insurance
Publicity
Relevant Industries
Media and Entertainment
Advertising
Publishing
Digital Marketing
E-commerce
Tourism and Hospitality
Real Estate
Education
Retail
Corporate Communications
Fashion and Beauty
News and Journalism
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Brand Management
Communications
Procurement
Editorial
Advertising
Rights Management
Relevant Roles
Creative Director
Marketing Manager
Content Manager
Legal Counsel
Copyright Officer
Brand Manager
Digital Marketing Specialist
Art Director
Publications Manager
Media Buyer
Procurement Officer
Communications Manager
Photography Rights Manager
Editorial Director
Licensing Specialist
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