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Photo Licensing Contract Template for Denmark

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Photo Licensing Contract

Document background
The Photo Licensing Contract is essential for businesses and individuals seeking to legally use professional photographs while protecting the rights of photographers under Danish law. This document is typically used when a business needs to acquire rights to use professional photographs for commercial purposes, marketing materials, or other business applications. The contract ensures compliance with Danish copyright law (Ophavsretsloven) and relevant EU regulations, particularly concerning data protection and personal rights. It specifies crucial elements such as usage scope, territorial limits, duration, and fee structures, while maintaining the photographer's underlying copyright. The agreement is particularly relevant in today's digital age where image usage needs to be clearly defined across multiple platforms and territories.
Suggested Sections

1. Parties: Identification of the photographer/licensor and licensee, including full legal names, addresses, and registration numbers if applicable

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

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

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

5. License Fee and Payment Terms: Financial terms, payment schedule, and any recurring fees

6. Usage Restrictions: Specific limitations on how the licensed photos may be used, modified, or distributed

7. Attribution Requirements: Requirements for crediting the photographer in various usage contexts

8. Representations and Warranties: Photographer's guarantees regarding ownership, originality, and third-party rights

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

10. Intellectual Property Rights: Confirmation of photographer's retained rights and licensee's limited usage rights

11. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Exclusivity Provisions: Used when granting exclusive rights to the licensee for specific territories or uses

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

3. Model and Property Releases: Required when photos contain recognizable individuals or private property

4. Digital Rights Management: Include when specific technical protection measures are required

5. Modification Rights: Used when allowing licensee to edit, crop, or alter the photos

6. Quality Control: Include when photographer requires approval rights for specific uses

7. Royalty Reporting: Required for revenue-sharing or usage-based payment models

8. Insurance Requirements: Include when specific insurance coverage is required for high-value photos

Suggested Schedules

1. Schedule A - Licensed Photographs: Detailed list of all licensed photographs with unique identifiers and descriptions

2. Schedule B - Technical Specifications: Technical requirements for photo usage, including resolution, file formats, and color specifications

3. Schedule C - Usage Guidelines: Detailed guidelines for photo usage, including placement, sizing, and context requirements

4. Schedule D - Fee Schedule: Detailed breakdown of licensing fees, including any variable pricing based on usage

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

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

Authors

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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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