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The Real Estate Photography License agreement is essential for professional photographers and real estate businesses operating in India who need to establish clear terms for property photography services and image licensing. This document becomes necessary when professional photography services are required for real estate marketing, ensuring compliance with Indian copyright and real estate regulations. It defines the scope of photography services, establishes usage rights for the photographs, and protects both parties' interests under Indian law. The agreement is particularly relevant given the growing importance of high-quality visual content in real estate marketing and the need to properly manage digital rights and image usage in various marketing channels. It addresses key considerations under the Indian Copyright Act, 1957, and aligns with requirements of the Real Estate (Regulation and Development) Act, 2016.

1. Parties: Identification of the photographer (licensor) and the real estate agency/agent/property owner (licensee), including full legal names and addresses

2. Background: Context of the agreement, establishing the photographer's ownership of the works and licensee's desire to use the photographs

3. Definitions: Key terms including 'Photographs', 'Licensed Works', 'Territory', 'Usage Rights', 'Term', and other relevant terminology

4. Scope of Services: Details of the photography services to be provided, including number of properties, types of shots, and delivery format

5. License Grant: Specific rights being granted, including territory, duration, and permitted uses of the photographs

6. Payment Terms: Fee structure, payment schedule, and any additional costs for enhanced usage rights or extra services

7. Photographer's Obligations: Quality standards, delivery timelines, and professional conduct requirements

8. Licensee's Obligations: Property access arrangements, preparation requirements, and usage restrictions

9. Copyright and Attribution: Assertion of photographer's copyright ownership and requirements for attribution

10. Term and Termination: Duration of the agreement and circumstances for early termination

11. Warranties and Indemnities: Guarantees regarding service quality and intellectual property rights

12. Limitation of Liability: Caps on liability and exclusions of certain types of damages

13. General Provisions: Standard clauses including governing law, notices, and entire agreement