The Photo Waiver agreement serves as a crucial legal instrument in Indonesia for organizations and individuals who need to obtain proper consent for photographing and using images of people or properties. This document has become increasingly important with the implementation of Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and the strict requirements for processing personal data, including photographs. The waiver typically includes detailed provisions about the scope of permitted usage, duration of consent, and specific rights being granted or waived. It's particularly relevant in today's digital age where images can be used across multiple platforms and media types. The document should be customized based on the specific use case, whether it's for commercial photography, educational purposes, marketing materials, or other applications, while ensuring compliance with Indonesian privacy laws, copyright regulations, and civil code requirements.
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1. Parties: Identification of the person(s) being photographed (Subject) and the photographer/organization taking and using the photographs (Photographer/Organization)
2. Background: Brief context about the purpose of the photography and intended use of the photographs
3. Definitions: Key terms including 'Photographs', 'Usage Rights', 'Territory', 'Media', and other relevant terms
4. Grant of Rights: Clear statement of the rights being waived and permissions being granted for photo usage
5. Scope of Usage: Detailed description of how, where, and when the photographs may be used
6. Duration: Time period for which the waiver and permissions are valid
7. Privacy and Data Protection: Acknowledgment of rights under Indonesian PDP Law and consent for data processing
8. Representations and Warranties: Subject's confirmation of authority to grant the waiver and understanding of its implications
9. Compensation: Statement regarding any payment or consideration (or lack thereof) for the photo usage
10. Governing Law: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Commercial Usage: Additional terms for commercial exploitation of the photographs, needed when photos will be used for advertising or promotional purposes
2. Minor Subject Provisions: Additional provisions required when the subject is under 18, including parental/guardian consent
3. Moral Rights Waiver: Specific waiver of moral rights under Indonesian Copyright Law, needed for extensive editing or modification of photos
4. Digital Media Rights: Specific provisions for online and social media usage, needed when photos will be used primarily in digital formats
5. Revocation Rights: Terms regarding the subject's right to revoke consent, particularly important under Indonesian PDP Law
6. Third Party Rights: Provisions regarding usage where other individuals or properties are visible in the photographs
1. Schedule A - Photograph Description: Detailed list or description of the photographs covered by the waiver, including date taken and identifying features
2. Schedule B - Authorized Usage: Specific list of permitted uses, platforms, and media where the photographs may be used
3. Schedule C - Restricted Usage: List of specifically prohibited uses or limitations on photo usage
4. Appendix 1 - Consent Form: Additional consent form for specific uses or sensitive data processing under PDP Law
5. Appendix 2 - Payment Terms: Details of any compensation or payment arrangements, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Media and Entertainment
Advertising and Marketing
Education
Events and Hospitality
Corporate Services
Fashion and Modeling
Sports and Recreation
Tourism
Non-profit Organizations
Healthcare
Real Estate
Retail
Relevant Teams
Legal
Marketing
Communications
Human Resources
Public Relations
Creative Services
Digital Content
Compliance
Brand Management
Events Management
Social Media
Relevant Roles
Photographer
Marketing Manager
Communications Director
Legal Counsel
Event Coordinator
Content Creator
Social Media Manager
HR Manager
Public Relations Officer
Brand Manager
Creative Director
Digital Marketing Specialist
Compliance Officer
Privacy Officer
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