The Image Licensing Agreement serves as a crucial legal instrument in Austria's content licensing landscape, providing a structured framework for the authorized use of visual content. This document is essential when a content owner (licensor) grants specific usage rights to another party (licensee) for photographic or artistic works. It incorporates provisions compliant with Austrian copyright law and EU regulations, including the Urheberrechtsgesetz and GDPR where applicable. The agreement is particularly relevant in today's digital economy where image licensing spans multiple platforms and uses, requiring clear delineation of rights, restrictions, and commercial terms. It helps protect both the intellectual property rights of content creators and the commercial interests of content users while ensuring legal compliance in the Austrian jurisdiction.
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1. Parties: Identification of the licensor (rights holder) and licensee with full legal names and addresses
2. Background: Context of the agreement and confirmation of the licensor's ownership/right to license the images
3. Definitions: Key terms used throughout the agreement including 'Licensed Images', 'Territory', 'Term', 'License Fee', etc.
4. Grant of License: Scope of the license, permitted uses, and any territorial or temporal restrictions
5. License Fee and Payment Terms: Financial terms, payment schedule, and any recurring fees or royalties
6. Usage Rights and Restrictions: Specific permitted and prohibited uses of the licensed images
7. Attribution and Copyright Notice: Requirements for crediting the photographer/artist and displaying copyright notices
8. Term and Termination: Duration of the license and circumstances for early termination
9. Warranties and Representations: Licensor's warranties regarding ownership and licensee's usage warranties
10. Indemnification: Mutual or unilateral indemnification obligations
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices
1. Exclusivity: Include when the license is exclusive, defining the scope of exclusivity
2. Sublicensing Rights: Include when licensee is permitted to sublicense the images to third parties
3. Modification Rights: Include when licensee is permitted to modify or edit the licensed images
4. Quality Control: Include when licensor requires approval rights over the use of images
5. Marketing and Promotion: Include when specific marketing or promotional rights need to be addressed
6. Moral Rights: Include when addressing the photographer's moral rights under Austrian law
7. Data Protection: Include when images contain personal data or when GDPR compliance is relevant
1. Schedule 1 - Licensed Images: Detailed list of all licensed images with unique identifiers and descriptions
2. Schedule 2 - Technical Specifications: Image specifications including format, resolution, and delivery requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of licensing fees, including any variable pricing
4. Schedule 4 - Usage Guidelines: Specific guidelines for image usage, including formatting and placement requirements
5. Appendix A - Sample Attribution: Examples of correct attribution and copyright notice formats
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Publishing
Advertising
Digital Marketing
E-commerce
Creative Arts
Education
Corporate Communications
Fashion & Lifestyle
Technology
Professional Services
Retail
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Brand Management
Communications
Procurement
Intellectual Property
Publications
Corporate Affairs
Relevant Roles
Legal Counsel
Content Manager
Creative Director
Marketing Manager
Digital Assets Manager
Copyright Officer
Art Director
Brand Manager
Publications Manager
Procurement Manager
Licensing Specialist
Media Rights Manager
Communications Director
Digital Content Coordinator
Intellectual Property Lawyer
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