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Character Waiver for the United States

Character Waiver Template for United States

A Character Waiver is a legal document used in the United States that grants permission for the use of a character's likeness, personality, or other distinctive features in various media or commercial applications. The document outlines the scope of permitted use, duration, territorial limits, and any restrictions or conditions. It provides protection for both the character owner and the user while ensuring compliance with federal and state intellectual property laws.

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What is a Character Waiver?

The Character Waiver serves as a critical legal instrument in the United States entertainment and media industries. This document becomes necessary when an entity wishes to use a character owned by another party, whether for creative, commercial, or promotional purposes. The Character Waiver explicitly defines the parameters of permitted use, including duration, territory, and specific applications. It helps prevent potential intellectual property disputes while ensuring proper attribution and compensation where applicable. The document must comply with both federal copyright laws and state-specific right of publicity statutes.

What sections should be included in a Character Waiver?

1. Parties: Identification of rights holder and recipient of waiver

2. Background: Context of the character and its intended use

3. Definitions: Key terms including Character, Usage Rights, Territory

4. Grant of Rights: Specific rights being waived or granted

5. Term: Duration of the waiver

6. Territory: Geographic scope of the waiver

What sections are optional to include in a Character Waiver?

1. Compensation: Payment terms if applicable - use when there is payment involved for the waiver

2. Minor Provisions: Special provisions for underage parties - use when the character is based on or involves a minor

3. Digital Rights: Specific provisions for online/digital usage - use when character will be used in digital media

What schedules should be included in a Character Waiver?

1. Schedule A - Character Description: Detailed description of character including visual elements

2. Schedule B - Approved Uses: List of specific approved uses of the character

3. Schedule C - Territory Map: Visual representation of geographic territory if complex

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

United States

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
Clauses

















Industries

Copyright Act of 1976: Federal law governing copyright protection for original works of authorship, including literary, dramatic, musical, and artistic works

Lanham Act: Federal trademark law that prohibits trademark infringement, trademark dilution, and false advertising

Right of Publicity Laws: State-specific laws protecting individuals' right to control and profit from commercial use of their name, image and likeness

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

Uniform Commercial Code: Standardized set of business laws regulating financial contracts and transactions

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

FCC Regulations: Federal Communications Commission rules governing broadcasting and media communications

State Privacy Laws: State-specific regulations protecting individual privacy rights and personal information

First Amendment: Constitutional protection of free speech and expression rights that may impact character usage

FTC Regulations: Federal Trade Commission rules protecting consumers and ensuring fair business practices

Minor Protection Laws: State-specific laws governing contracts with minors and protecting their interests

Child Labor Laws: Federal and state regulations protecting minors in entertainment and other work contexts

Digital Millennium Copyright Act: Federal law addressing digital copyright issues and online content protection

E-SIGN Act: Federal law ensuring the legal validity of electronic signatures and records in commerce

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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