The Likeness License Agreement serves as a crucial legal instrument in the United States for protecting and commercializing personality rights. This document is essential when businesses, organizations, or individuals seek to legally use someone's likeness, name, image, or other personal attributes for commercial purposes such as advertising, merchandise, or promotional materials. The agreement ensures compliance with various U.S. federal and state laws governing publicity rights, privacy, and intellectual property, while establishing clear parameters for usage, compensation, and quality control. It's particularly relevant in today's digital age where personal image rights have significant commercial value and require careful management across multiple platforms and media formats.
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1. Parties: Identification of the licensor (person whose likeness is being licensed) and licensee (entity receiving rights to use the likeness)
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms including 'Likeness', 'Licensed Materials', 'Territory', 'Term', and 'Approved Uses'
4. Grant of Rights: Specific rights being granted regarding the use of likeness, including scope and limitations
5. Term and Territory: Duration of the license and geographical areas where the likeness may be used
6. Approval Rights: Process for obtaining licensor's approval for specific uses of the likeness
7. Compensation: Payment terms, royalties, and any other financial considerations
8. Representations and Warranties: Parties' assurances regarding their rights and authority to enter into the agreement
9. Usage Restrictions: Specific limitations on how the likeness may be used, including prohibited uses
10. Intellectual Property: Ownership and protection of intellectual property rights related to the likeness
11. Termination: Circumstances under which the agreement can be terminated and consequences of termination
12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Moral Rights: Protection of licensor's moral rights in jurisdictions where applicable
2. Social Media Rights: Specific provisions for social media usage and requirements
3. Merchandising Rights: Terms for using likeness on merchandise and retail products
4. Digital/NFT Rights: Provisions for digital assets and blockchain-related uses
5. Publicity: Terms regarding public announcements about the relationship
6. Exclusivity: Provisions making the license exclusive in certain contexts or territories
7. Creative Control: Detailed provisions about creative decision-making and approval processes
8. Third-Party Rights: Provisions regarding sublicensing and third-party usage
1. Schedule A - Licensed Materials: Detailed list and descriptions of specific photographs, recordings, or other materials covered by the license
2. Schedule B - Approved Uses: Comprehensive list of pre-approved uses and contexts for the likeness
3. Schedule C - Compensation Schedule: Detailed breakdown of payment terms, royalty rates, and payment schedules
4. Schedule D - Approval Guidelines: Specific criteria and processes for obtaining approval for various uses
5. Schedule E - Territory Restrictions: Detailed breakdown of territorial rights and any territory-specific restrictions
6. Appendix 1 - Style Guide: Guidelines for how the likeness should be presented, including any specific requirements
7. Appendix 2 - Quality Control Standards: Standards for maintaining quality in the reproduction and use of the likeness
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