The Photo Licensing Contract serves as a crucial legal instrument for protecting and commercializing photographic works within the Indonesian legal framework. This document is essential when a photographer or rights holder wishes to grant specific usage rights to another party while retaining ownership of the work. It addresses key aspects required under Indonesian copyright law, including moral rights protection, economic rights transfer, and usage limitations. The contract is particularly relevant in today's digital age where photo licensing spans both traditional and digital media platforms. It incorporates provisions from Law No. 28 of 2014 on Copyright and Law No. 11 of 2008 on Electronic Information and Transactions, ensuring comprehensive protection for both licensors and licensees.
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1. Parties: Identification of the licensor (photographer or rights holder) and licensee with complete legal names and addresses
2. Background: Context of the agreement, including confirmation of the licensor's ownership of the photographs
3. Definitions: Key terms used throughout the agreement including 'Licensed Photos', 'Territory', 'License Period', and 'Permitted Uses'
4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), permitted uses, and territory
5. License Period: Duration of the license, including start date and end date or perpetual terms
6. License Fees: Payment terms, amounts, and schedule of payments including any royalty arrangements
7. Usage Restrictions: Specific limitations on how the licensed photos may be used, modified, or distributed
8. Attribution Requirements: Requirements for crediting the photographer in accordance with Indonesian moral rights
9. Warranties and Representations: Licensor's warranties regarding ownership and licensee's representations regarding usage
10. Termination: Conditions under which either party may terminate the agreement and the consequences of termination
11. Governing Law: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Sublicensing Rights: Include when the licensee needs the right to grant sublicenses to third parties
2. Digital Rights Management: Include when specific technical protection measures are required for digital distribution
3. Social Media Usage: Include when photos will be used on social media platforms
4. Geographic Restrictions: Include when the license is limited to specific regions or countries
5. Modification Rights: Include when the licensee needs rights to edit or modify the photos
6. Exclusivity Provisions: Include for exclusive licenses with specific restrictions on licensor's rights to license to others
7. Quality Control: Include when specific quality standards must be maintained in reproduction
8. Audit Rights: Include for commercial licenses where usage tracking is important
1. Schedule A - Licensed Photographs: Detailed list of all photographs covered by the license, including file names, descriptions, and thumbnail images
2. Schedule B - Technical Specifications: Technical requirements for photo usage, including resolution, file formats, and color specifications
3. Schedule C - Fee Schedule: Detailed breakdown of licensing fees, including any variable pricing based on usage
4. Schedule D - Usage Guidelines: Specific guidelines for how the photographs may be used, including examples of permitted and prohibited uses
5. Appendix 1 - Attribution Requirements: Specific format and placement requirements for photographer credits
Relevant legal definitions
Clauses
Relevant Industries
Media and Entertainment
Advertising
Publishing
E-commerce
Digital Marketing
Tourism
Real Estate
Education
Retail
Fashion
Corporate Communications
News and Journalism
Relevant Teams
Legal
Creative Services
Marketing
Digital Content
Brand Management
Communications
Editorial
Procurement
Licensing Operations
Rights Management
Relevant Roles
Photographer
Creative Director
Art Director
Marketing Manager
Content Manager
Legal Counsel
Licensing Manager
Digital Rights Manager
Publication Editor
Brand Manager
Media Buyer
Content Acquisition Specialist
Copyright Administrator
Communications Manager
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