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Use Of Name And Likeness Agreement Template for Australia

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Key Requirements PROMPT example:

Use Of Name And Likeness Agreement

"I need a Use of Name and Likeness Agreement for a celebrity chef who will be endorsing our new line of cooking products and appearing in our marketing materials, with exclusive rights in Australia for 12 months starting January 2025."

Document background
The Use Of Name And Likeness Agreement is essential in today's media-rich business environment where personal brand and image rights have significant commercial value. This document is particularly relevant in Australia, where it must comply with federal and state legislation including the Privacy Act 1988, Australian Consumer Law, and various intellectual property statutes. It is typically used when an organization wishes to leverage an individual's personal brand for commercial purposes, such as advertising, merchandising, or promotional activities. The agreement provides a structured framework for protecting both the individual's rights and the using party's interests, covering crucial aspects such as usage scope, approval processes, quality control, compensation, and territorial restrictions. It's particularly important in the current digital age where image usage can quickly spread across multiple platforms and jurisdictions.
Suggested Sections

1. Parties: Identification of the rights holder (talent) and the party receiving the rights to use the name and likeness

2. Background: Context of the agreement and the parties' intention to enter into a name and likeness arrangement

3. Definitions: Key terms including 'Name', 'Likeness', 'Licensed Materials', 'Territory', 'Term', and other relevant definitions

4. Grant of Rights: Specific rights being granted regarding the use of name and likeness, including scope and purpose

5. Term and Territory: Duration of the agreement and geographical areas where the rights may be exercised

6. Compensation: Payment terms, royalties, or other consideration for the use of name and likeness

7. Approval Rights: Process for submitting and obtaining approval for specific uses of name and likeness

8. Quality Control: Standards and requirements for maintaining the quality of name and likeness usage

9. Intellectual Property: Ownership and protection of intellectual property rights related to the name and likeness

10. Representations and Warranties: Parties' assertions regarding their rights and ability to enter into the agreement

11. Indemnification: Obligations to protect against and compensate for losses related to the agreement

12. Termination: Circumstances and procedures for ending the agreement

13. General Provisions: Standard legal clauses including notices, assignment, governing law, and dispute resolution

Optional Sections

1. Digital Rights: Specific provisions for online and social media usage of name and likeness

2. Merchandising Rights: Terms specific to the creation and sale of merchandise featuring name and likeness

3. Moral Rights: Provisions regarding the protection of moral rights, particularly relevant for creative professionals

4. Exclusivity: Terms making the agreement exclusive within certain parameters or industries

5. Celebrity Endorsement: Specific provisions for endorsement activities and associated requirements

6. Social Media Management: Terms governing the management and usage of social media accounts

7. Crisis Management: Procedures for handling publicity issues or controversies

8. Insurance Requirements: Specific insurance obligations for protecting the use of name and likeness

Suggested Schedules

1. Schedule A - Licensed Materials: Detailed list of approved photographs, recordings, or other materials containing the name and likeness

2. Schedule B - Approved Uses: Specific list of pre-approved ways the name and likeness may be used

3. Schedule C - Territory Restrictions: Detailed breakdown of geographical restrictions or special requirements by territory

4. Schedule D - Compensation Schedule: Detailed breakdown of payment terms, royalty rates, and payment schedules

5. Schedule E - Approval Guidelines: Specific requirements and timeframes for the approval process

6. Appendix 1 - Style Guide: Guidelines for the appropriate presentation and usage of name and likeness

7. Appendix 2 - Quality Control Standards: Detailed specifications for maintaining quality in various usage 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














































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Relevant Industries

Entertainment

Media

Advertising

Sports

Fashion

Education

Publishing

Digital Marketing

Gaming

Retail

Non-Profit

Professional Services

Technology

Consumer Goods

Relevant Teams

Legal

Marketing

Public Relations

Brand Management

Digital Marketing

Content Creation

Business Development

Compliance

Talent Management

Rights Management

Corporate Communications

Creative Services

Relevant Roles

Legal Counsel

Brand Manager

Talent Manager

Marketing Director

Communications Manager

Public Relations Manager

Business Development Manager

Content Manager

Digital Marketing Manager

Sponsorship Manager

Rights Manager

Compliance Officer

Entertainment Lawyer

Sports Agent

Celebrity Manager

Licensing 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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