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Photo Waiver for Indonesia

Photo Waiver Template for Indonesia

This Photo Waiver agreement is designed for use in Indonesia, incorporating requirements under Indonesian Personal Data Protection Law (PDP Law), Copyright Law, and relevant privacy regulations. The document establishes the legal framework for obtaining consent to capture, use, and distribute photographs of individuals or properties, while ensuring compliance with local data protection requirements. It includes provisions for various usage scenarios, from personal to commercial applications, and incorporates necessary safeguards for both the photographer/organization and the subject's rights under Indonesian law.

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What is a Photo Waiver?

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.

What sections should be included in a Photo Waiver?

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

What sections are optional to include in a Photo Waiver?

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

What schedules should be included in a Photo Waiver?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
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

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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