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Photo Licensing Agreement Template for Malaysia

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Key Requirements PROMPT example:

Photo Licensing Agreement

"I need a Photo Licensing Agreement for exclusive rights to use 20 fashion photographs in a nationwide marketing campaign in Malaysia, running from March 2025 to December 2025, with rights to modify the images and use them across print and digital media."

Document background
The Photo Licensing Agreement is essential for protecting intellectual property rights and establishing clear terms for the commercial use of photographs in Malaysia. This document is typically used when photographers or photography rights holders want to grant specific usage rights to clients while retaining their copyright ownership. The agreement must comply with Malaysian legislation, particularly the Copyright Act 1987 and the Contracts Act 1950, and includes crucial details about usage scope, territorial rights, duration, modification rights, and compensation. It's particularly relevant in today's digital age where photograph usage spans multiple platforms and territories, requiring careful consideration of digital rights management and online usage terms.
Suggested Sections

1. Parties: Identification of the licensor (photographer/copyright owner) and licensee, including full legal names and addresses

2. Background: Context of the agreement, brief description of the photographs and intended use

3. Definitions: Key terms used throughout the agreement including 'Licensed Works', 'Territory', 'License Period', 'Usage Rights'

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

5. License Fee and Payment Terms: Financial terms including licensing fees, payment schedule, and any royalty arrangements

6. Usage Restrictions: Specific limitations on how the photographs can be used, modified, or distributed

7. Attribution and Credit: Requirements for crediting the photographer in publications or displays

8. Intellectual Property Rights: Confirmation of ownership and retention of copyright by the licensor

9. Warranties and Representations: Guarantees regarding ownership, originality, and right to license the photographs

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

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

Optional Sections

1. Exclusivity: Terms regarding exclusive or non-exclusive licensing rights - used when exclusive rights are being granted

2. Sub-licensing Rights: Permission and terms for the licensee to sub-license the photographs - included when sub-licensing is permitted

3. Model Releases: Provisions regarding model releases for photographs containing identifiable individuals

4. Digital Rights Management: Specific terms for digital usage and protection - important for digital-only licenses

5. Social Media Usage: Specific terms for social media platforms - included when social media usage is contemplated

6. Modification Rights: Terms regarding the right to modify or edit photographs - included when modifications are permitted

7. Geographic Restrictions: Specific territorial limitations - used when license is restricted to certain regions

8. Audit Rights: Right to audit usage and payments - important for revenue-sharing or complex payment structures

Suggested Schedules

1. Schedule 1 - Licensed Photographs: Detailed list and descriptions of all photographs covered by the license, including file names, dimensions, and formats

2. Schedule 2 - Fee Schedule: Detailed breakdown of licensing fees, including any variable pricing based on usage

3. Schedule 3 - Technical Specifications: Technical requirements for photograph usage, including resolution, file formats, and color specifications

4. Appendix A - Usage Guidelines: Detailed guidelines for how the photographs may be used, including examples of permitted and prohibited uses

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

6. Appendix C - Credit Requirements: Specific requirements and formats for photographer attribution in different contexts

Authors

Alex Denne

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

Relevant legal definitions






























Clauses

























Relevant Industries

Media and Entertainment

Publishing

Advertising and Marketing

Digital Content Creation

E-commerce

News and Journalism

Corporate Communications

Fashion and Retail

Travel and Tourism

Education

Relevant Teams

Legal

Creative Services

Marketing

Digital Content

Brand Management

Editorial

Intellectual Property

Communications

Content Licensing

Digital Asset Management

Relevant Roles

Photographer

Creative Director

Legal Counsel

Marketing Manager

Content Manager

Art Director

Digital Rights Manager

Publishing Editor

Brand Manager

Media Buyer

Intellectual Property Lawyer

Photography Rights Manager

Content Licensing Specialist

Digital Asset Manager

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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