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Photography Usage Rights Agreement

Photography Usage Rights Agreement Template for Switzerland

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Key Requirements PROMPT example:

Photography Usage Rights Agreement

"I need a Photography Usage Rights Agreement for a fashion retail company to license 50 editorial photos from a professional photographer for exclusive worldwide use in our Spring/Summer 2025 marketing campaign, including digital and print media rights."

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Document background
The Photography Usage Rights Agreement is essential for establishing clear legal parameters around the commercial use of photographic works in Switzerland. This document is typically used when professional photographers or photography studios license their work to businesses, publishers, or agencies for specific uses. It ensures compliance with Swiss federal laws, particularly the Federal Act on Copyright and Related Rights and the Federal Act on Data Protection. The agreement covers crucial aspects such as usage scope, territorial restrictions, duration, modification rights, and attribution requirements. It's particularly important in the Swiss context due to the jurisdiction's strong protection of creators' moral rights and intellectual property. The document serves as a comprehensive framework for protecting both the photographer's rights and the licensee's interests while ensuring legal compliance.
Suggested Sections

1. Parties: Identification of the photographer (rights holder) and the licensee, including full legal names, addresses, and business details

2. Background: Context of the agreement, brief description of the photographic works, and general purpose of the usage rights being granted

3. Definitions: Key terms used throughout the agreement, including 'Licensed Images', 'Usage Rights', 'Territory', 'Term', and 'Commercial Purpose'

4. Grant of Rights: Specific rights being granted, including permitted uses, territories, and duration of the license

5. Usage Restrictions: Clear limitations on how the photographs may be used, including prohibited modifications and unauthorized sublicensing

6. Attribution and Moral Rights: Requirements for crediting the photographer and protecting their moral rights as per Swiss law

7. Payment Terms: License fees, payment schedule, and any usage-based additional compensation

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

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

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

Optional Sections

1. Exclusivity: Terms regarding exclusive usage rights, if applicable - include when the licensee requires exclusive rights to the images

2. International Usage: Additional terms for usage rights in multiple jurisdictions - include for international licensing

3. Model Releases: Provisions regarding model releases and personal data protection - include when photographs contain identifiable individuals

4. Digital Rights Management: Terms regarding digital watermarking and protection measures - include for digital-only usage

5. Modification Rights: Terms regarding the right to modify or edit images - include when image editing rights are being granted

6. Social Media Usage: Specific terms for social media platforms - include when social media usage is contemplated

7. Archival Rights: Terms regarding the storage and archiving of images - include for long-term storage rights

Suggested Schedules

1. Schedule A - Licensed Images: Detailed list of all photographs covered by the agreement, including unique identifiers and descriptions

2. Schedule B - Usage Specifications: Detailed breakdown of permitted usage types, channels, and territories

3. Schedule C - Fee Schedule: Detailed breakdown of all fees, including any usage-based pricing structures

4. Appendix 1 - Technical Specifications: Technical requirements for image reproduction, including resolution, color space, and format specifications

5. Appendix 2 - Model Releases: Copies of all relevant model releases and consent forms

6. Appendix 3 - Attribution Requirements: Specific requirements for photographer attribution in different 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

alex.den.21@genieai.co
Relevant legal definitions








































Clauses






























Relevant Industries

Media & Entertainment

Advertising

Publishing

E-commerce

Fashion & Luxury

Arts & Culture

Retail

Tourism & Hospitality

Real Estate

Corporate Services

Digital Marketing

Education

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Editorial

Art Direction

Rights Management

Media Operations

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Art Director

Legal Counsel

Brand Manager

Digital Media Manager

Publishing Editor

Procurement Manager

Communications Manager

Creative Producer

Rights Management Specialist

Media Buyer

Commercial 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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