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Photography Commercial Use License Template for Australia

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Key Requirements PROMPT example:

Photography Commercial Use License

"I need a Photography Commercial Use License for a series of 20 product photographs to be used across our company's digital marketing channels and social media platforms, with non-exclusive rights for 12 months starting January 2025."

Document background
The Photography Commercial Use License is essential for businesses and individuals seeking to legally use professional photographs for commercial purposes in Australia. This document is typically used when a photographer or photography studio wants to grant specific commercial usage rights to clients while retaining copyright ownership. It addresses key aspects such as usage scope, territorial limits, modification rights, and attribution requirements. The license ensures compliance with Australian copyright law, privacy legislation, and consumer protection regulations. It's particularly relevant in today's digital age where image usage spans multiple platforms and media types, requiring clear terms for both traditional and digital applications. The document can be customized to accommodate various commercial scenarios, from single-use licensing to comprehensive multi-platform usage rights.
Suggested Sections

1. Parties: Identification of the photographer (licensor) and the client (licensee) with full legal names and details

2. Background: Context of the agreement, including the photographer's ownership of the works and client's desire to license them

3. Definitions: Key terms used throughout the agreement including 'Licensed Works', 'Commercial Use', 'Territory', etc.

4. Grant of License: Specific rights being granted, including type of use, territory, and duration

5. License Restrictions: Clear limitations on how the photographs can be used, modified, or sublicensed

6. Payment Terms: License fees, payment schedule, and any recurring fees if applicable

7. Photographer's Rights: Retention of copyright, moral rights, and credit requirements

8. Client's Obligations: Requirements for proper use, attribution, and maintaining integrity of the works

9. Term and Termination: Duration of the license and circumstances for termination

10. Warranties and Indemnities: Photographer's warranties regarding ownership and client's indemnities for misuse

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Model Releases: Required when photographs include identifiable individuals, detailing model release obligations and responsibilities

2. Property Releases: Necessary when photographs include private property or trademarked items

3. Digital Rights Management: Specific provisions for digital use and protection of works online

4. Social Media Usage: Specific terms for social media platforms when social media use is part of the license

5. Geographic Restrictions: Detailed territory restrictions when license is limited to specific regions

6. Exclusive Rights: Additional terms when exclusive rights are being granted to the client

7. Modification Rights: Terms governing if and how the photographs can be modified or edited

Suggested Schedules

1. Schedule A - Licensed Photographs: Detailed list and descriptions of all photographs covered by the license

2. Schedule B - License Fees: Breakdown of all fees, including any variable pricing based on usage

3. Schedule C - Usage Specifications: Detailed specifications of permitted commercial uses

4. Appendix 1 - Technical Specifications: Technical details of the photographs including format, resolution, and delivery specifications

5. Appendix 2 - Attribution Requirements: Specific requirements for photographer attribution in different contexts

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Advertising

Marketing

Media & Entertainment

Publishing

Retail

E-commerce

Fashion

Real Estate

Tourism

Corporate Services

Education

Professional Services

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Social Media

Publishing

Advertising

Relevant Roles

Marketing Manager

Creative Director

Brand Manager

Professional Photographer

Legal Counsel

Content Manager

Digital Marketing Specialist

Art Director

Publishing Manager

Advertising Executive

E-commerce Manager

Communications Manager

Social Media Manager

Procurement Manager

Industries







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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