The Photo Release Consent Form is a crucial legal instrument used in Austria when obtaining permission to use, publish, or distribute photographs of individuals. This document is essential for photographers, media companies, and organizations that need to ensure compliance with Austrian privacy laws and EU GDPR requirements. It should be used whenever photographs of identifiable individuals will be published, displayed, or used for commercial or non-commercial purposes. The form includes specific provisions for data protection, usage rights, territory restrictions, and duration of consent, while incorporating necessary GDPR-mandated information about data processing and the right to withdraw consent. It's particularly important in commercial photography, marketing campaigns, corporate communications, and public events where photographs of individuals will be used.
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1. Parties: Identification of the photographer/company and the person granting consent (the 'Subject')
2. Background: Brief context about the photo shoot or circumstances under which the photographs were/will be taken
3. Definitions: Key terms including 'Photographs', 'Licensed Uses', 'Territory', and 'Term'
4. Grant of Rights: Explicit permission to use, publish, and reproduce the photographs
5. Scope of Use: Detailed description of permitted uses, including media types and contexts
6. Term and Territory: Duration of the consent and geographical areas where the photos may be used
7. No Compensation: Statement confirming whether compensation is provided for the photo usage
8. Data Protection Notice: GDPR-compliant information about data processing and storage
9. Right of Withdrawal: Information about the right to withdraw consent and its limitations
10. Governing Law: Specification of Austrian law as governing law
11. Signatures: Execution block with date and signatures of all parties
1. Parental Consent: Required when the subject is a minor under Austrian law
2. Commercial Use: Additional terms specific to commercial usage of the photographs
3. Moral Rights Waiver: Specific waiver of moral rights where permitted by law
4. Social Media Usage: Specific terms for social media platforms and digital usage
5. Retouching Rights: Permission for photo editing and manipulation
6. Exclusivity Provisions: Terms regarding exclusive or non-exclusive usage rights
7. Time Sensitivity: Specific terms for time-sensitive or embargo periods
8. Third Party Rights: Provisions regarding transfer or licensing to third parties
1. Schedule A - Photographs: Description or copies of the specific photographs covered by the release
2. Schedule B - Permitted Uses: Detailed list of specific permitted uses and contexts
3. Schedule C - Prohibited Uses: List of specifically prohibited uses or contexts
4. Appendix 1 - GDPR Privacy Notice: Detailed privacy notice complying with GDPR requirements
5. Appendix 2 - Identification Documents: Copies of ID documents where required for verification
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