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Photography Commercial Use License Template for Canada

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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 photos to be used in our upcoming spring 2025 marketing campaign across Canada and the US, with exclusive rights for 12 months and permission to modify the images for various marketing channels including social media."

Document background
The Photography Commercial Use License serves as a crucial legal instrument for businesses and individuals seeking to utilize professional photographs for commercial purposes in Canada. This document is essential when a business needs to legally secure rights to use professional photographs in their marketing materials, websites, advertising campaigns, or other commercial applications. The license clearly defines the scope of permitted usage, territorial limits, duration, and fee structure while ensuring compliance with Canadian copyright law, particularly the Copyright Act (R.S.C., 1985, c. C-42) and relevant privacy legislation. It's particularly valuable for scenarios requiring specific usage rights, such as advertising campaigns, product packaging, or corporate communications, where clear documentation of usage rights is essential for risk management and legal compliance.
Suggested Sections

1. Parties: Identification of the photographer/copyright owner (Licensor) and the party receiving the license (Licensee)

2. Background: Context of the agreement, including confirmation of copyright ownership and general purpose of the license

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

4. Grant of License: Specific rights being granted, including scope of permitted commercial use

5. License Period: Duration of the license, including start date and end date if applicable

6. Territory: Geographic regions where the license is valid

7. License Fee: Payment terms, amounts, and schedule of payments

8. Usage Restrictions: Specific limitations on how the images can be used, modified, or reproduced

9. Attribution Requirements: Requirements for crediting the photographer

10. Warranties and Representations: Guarantees by both parties, including photographer's ownership of copyright

11. Termination: Conditions under which the license can be terminated and consequences

12. Governing Law: Specification of Canadian law as governing law and jurisdiction

Optional Sections

1. Exclusivity: Terms regarding exclusive rights, used when the licensee requires exclusive use of the images

2. Sub-licensing Rights: Permission and terms for licensee to sub-license the images to third parties

3. Model and Property Releases: Confirmation of existing releases, used when images contain recognizable people or private property

4. Quality Control: Requirements for maintaining image quality in reproduction, used for high-end commercial uses

5. Social Media Usage: Specific terms for social media use, including platform restrictions and requirements

6. Modification Rights: Terms regarding permission to alter, crop, or modify images

7. Insurance Requirements: Insurance obligations of parties, used in high-value commercial licenses

8. Dispute Resolution: Alternative dispute resolution procedures, used in higher-value agreements

Suggested Schedules

1. Schedule A - Licensed Images: Detailed list of all photographs covered by the license, including file names, descriptions, and thumbnails

2. Schedule B - License Fee Schedule: Detailed breakdown of fees, payment structure, and any usage-based pricing

3. Schedule C - Technical Specifications: Image specifications including file formats, resolution, and delivery requirements

4. Schedule D - Approved Usage Examples: Examples of permitted uses and any pre-approved modifications

5. Appendix 1 - Model Releases: Copies of model releases for any images containing identifiable individuals

6. Appendix 2 - Property Releases: Copies of property releases for any images containing private property

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Media & Entertainment

Publishing

Retail

E-commerce

Fashion & Apparel

Real Estate

Tourism & Hospitality

Food & Beverage

Professional Services

Education

Corporate Communications

Relevant Teams

Legal

Marketing

Creative Services

Digital

Communications

Brand Management

Content Production

Procurement

Social Media

E-commerce

Relevant Roles

Marketing Manager

Creative Director

Brand Manager

Art Director

Content Manager

Digital Marketing Specialist

Communications Manager

Legal Counsel

Procurement Manager

Photography Rights Manager

Media Buyer

Production Manager

E-commerce Manager

Social Media Manager

Publishing Director

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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