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Photo Licensing Contract Template for Switzerland

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Key Requirements PROMPT example:

Photo Licensing Contract

"I need a Photo Licensing Contract for exclusive rights to use 50 fashion photographs from a professional photographer for our upcoming Spring/Summer 2025 marketing campaign across Europe, with specific provisions for social media usage and image modification rights."

Document background
The Photo Licensing Contract is essential for any situation where photographic works are being licensed for specific uses under Swiss law. This document is particularly relevant in today's digital age where image licensing has become increasingly complex and multi-faceted. It serves to protect both the rights holder's intellectual property and the licensee's commercial interests while ensuring compliance with Swiss copyright law, data protection regulations, and personality rights. The contract typically includes detailed specifications about usage rights, territorial scope, duration, attribution requirements, and financial terms. It's commonly used by photographers, agencies, and businesses engaging in any form of visual content licensing, from simple single-use agreements to complex multi-platform licensing arrangements. The document must specifically comply with the Swiss Federal Copyright Act (URG) and the Swiss Code of Obligations, while also considering relevant data protection and unfair competition regulations.
Suggested Sections

1. Parties: Identification of the licensor (photographer/copyright owner) and licensee, including full legal names and addresses

2. Background: Context of the agreement and brief description of the photographer's work and licensee's intended use

3. Definitions: Key terms used in the agreement including 'Licensed Photos', 'Territory', 'License Period', 'Usage Rights', etc.

4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license

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

6. Usage Rights and Restrictions: Detailed specification of permitted uses and explicit restrictions

7. Attribution and Copyright Notice: Requirements for crediting the photographer and maintaining copyright notices

8. Warranties and Representations: Photographer's warranties regarding ownership and licensee's warranties regarding usage

9. Term and Termination: Duration of the agreement and conditions for termination

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Exclusivity Provisions: Used when the license is exclusive, defining the scope and duration of exclusivity

2. Sublicensing Rights: Include when the licensee is permitted to sublicense the photos to third parties

3. Digital Rights Management: Required for digital distribution, specifying technical protection measures

4. Model Releases: Necessary when photos contain recognizable individuals, addressing personality rights

5. Moral Rights: Detailed provisions regarding the photographer's moral rights under Swiss law

6. International Usage: Additional terms for use in multiple jurisdictions

7. Social Media Usage: Specific terms for social media platform usage and restrictions

8. Modifications and Derivatives: Terms regarding permission to modify or create derivative works

Suggested Schedules

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

2. Schedule B - Technical Specifications: Technical requirements for photo files, including format, resolution, and delivery specifications

3. Schedule C - Fee Schedule: Detailed breakdown of licensing fees, including any royalty structures or payment milestones

4. Schedule D - Usage Guidelines: Specific guidelines for how the photos may be used, including size, placement, and context restrictions

5. Appendix 1 - Model Releases: Copies of model releases for photos containing recognizable individuals

6. Appendix 2 - Property Releases: Copies of property releases for photos of private properties or trademarked items

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

Media and Entertainment

Advertising and Marketing

Publishing

E-commerce

Digital Media

Retail

Fashion and Apparel

Travel and Tourism

Real Estate

Education

Corporate Communications

News and Journalism

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Publications

Procurement

Intellectual Property

Corporate Affairs

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Legal Counsel

Licensing Manager

Digital Rights Manager

Art Director

Brand Manager

Publications Manager

Communications Director

Intellectual Property Lawyer

Contract Administrator

Media Buyer

Editorial 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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