This Photo Licensing Agreement is designed for use in New Zealand when establishing legal arrangements for the licensed use of photographic works. It is particularly relevant when photographers, photography agencies, or stock photo companies want to grant specific usage rights to clients while retaining their copyright ownership. The agreement complies with New Zealand's Copyright Act 1994 and related legislation, making it suitable for both commercial and non-commercial licensing arrangements. It includes comprehensive provisions covering usage rights, territories, duration, fees, attribution requirements, and warranties, while allowing flexibility to accommodate various licensing scenarios, from single-image licenses to extensive photography portfolios.
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1. Parties: Identifies the licensor (photographer/copyright owner) and licensee, including full legal names and contact details
2. Background: Establishes the context of the agreement, confirms the licensor's ownership of the photographs, and outlines the licensee's desire to use them
3. Definitions: Defines key terms used throughout the agreement including 'Licensed Photos', 'Territory', 'Term', 'License Fee', and 'Permitted Uses'
4. Grant of License: Specifies the exact rights being granted, including the scope, territory, and duration of the license
5. License Fee and Payment Terms: Details the licensing fees, payment schedule, and any ongoing royalties or additional fees
6. Usage Rights and Restrictions: Clearly outlines permitted uses, prohibited uses, and any territorial or time restrictions
7. Attribution and Copyright Notice: Specifies requirements for crediting the photographer and displaying copyright notices
8. Warranties and Representations: Contains warranties about ownership, right to license, and quality of photographs
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. General Provisions: Standard legal provisions including governing law, dispute resolution, and entire agreement clause
1. Moral Rights: Required when the photographer wishes to explicitly address their moral rights under copyright law
2. Sub-licensing Rights: Include when the licensee is permitted to sub-license the photographs to third parties
3. Model and Property Releases: Necessary when photographs contain identifiable individuals or private property
4. Digital Rights Management: Include when specific technical protection measures are required
5. Exclusive Rights: Include when granting exclusive rights to the licensee for specific uses or territories
6. Marketing and Promotion: Include when specific terms about using the photos in marketing materials are needed
7. Insurance Requirements: Include for high-value licenses where insurance coverage is required
1. Schedule 1 - Licensed Photographs: Detailed list and descriptions of all photographs covered by the license, including file names and reference numbers
2. Schedule 2 - License Fee Schedule: Detailed breakdown of all fees, including any variable pricing based on usage
3. Schedule 3 - Technical Specifications: Technical details of the photographs including resolution, file formats, and delivery specifications
4. Appendix A - Usage Guidelines: Detailed guidelines for how the photographs may be used, including any required modifications to format or presentation
5. Appendix B - Model Releases: Copies of model releases for any photographs containing identifiable individuals
6. Appendix C - Property Releases: Copies of property releases for any photographs containing private property
Relevant legal definitions
Clauses
Relevant Industries
Media and Entertainment
Advertising and Marketing
Publishing
Digital and Technology
Creative Industries
Professional Services
Retail
Education
Tourism and Hospitality
Real Estate
Fashion and Beauty
Corporate Communications
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Communications
Brand Management
Procurement
Editorial
Design
Web Development
Social Media
Relevant Roles
Photographer
Creative Director
Marketing Manager
Content Manager
Art Director
Publishing Manager
Legal Counsel
Brand Manager
Digital Content Specialist
Communications Manager
Procurement Manager
Editorial Director
Graphic Designer
Web Developer
Social Media Manager
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