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Photography Digital Image License Agreement Template for South Africa

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Key Requirements PROMPT example:

Photography Digital Image License Agreement

"I need a Photography Digital Image License Agreement for an exclusive worldwide license to use 50 fashion photography images across our e-commerce platforms and social media channels, with the license period starting from March 1, 2025, for a duration of two years."

Document background
The Photography Digital Image License Agreement is essential for businesses and individuals engaging in the commercial use of photographic works in South Africa. This document is specifically designed to comply with South African legislation, including the Copyright Act 98 of 1978 and the Electronic Communications and Transactions Act 25 of 2002. It's used when a photographer or rights holder wants to grant specific usage rights for digital images while retaining copyright ownership. The agreement covers critical aspects such as usage scope, territorial limitations, duration, modification rights, and fee structures. It's particularly relevant in today's digital age where image licensing needs to address various platforms and usage scenarios while protecting both the creator's rights and the licensee's interests.
Suggested Sections

1. Parties: Identification of the Licensor (photographer/copyright owner) and Licensee with full legal names and details

2. Background: Brief context explaining the purpose of the agreement and the nature of the photographic works being licensed

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed Images', 'Usage Rights', 'Territory', etc.

4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), permitted uses, and territory

5. License Fee: Payment terms, amounts, and schedule for the license fees

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

7. Copyright and Attribution: Affirmation of copyright ownership and requirements for attributing the photographer

8. Technical Specifications: Details about image format, resolution, and delivery methods

9. Term and Termination: Duration of the license and conditions for termination

10. Warranties and Indemnities: Representations about ownership and right to license, plus indemnification provisions

11. General Terms: Standard legal provisions including governing law, dispute resolution, and entire agreement clause

Optional Sections

1. Model Releases: Required when licensed images contain identifiable individuals, detailing the existence and handling of model releases

2. Property Releases: Required when images contain private property or trademarked items, confirming necessary permissions

3. Social Media Usage: Specific terms for social media platforms when digital images will be used on social media

4. Sublicensing Rights: Include when licensee needs to grant rights to third parties

5. Geographical Restrictions: Detailed territory restrictions when license is limited to specific regions

6. Modification Rights: Specific terms regarding permitted and prohibited image modifications

7. Exclusivity Provisions: Required for exclusive licenses, detailing the scope and duration of exclusivity

Suggested Schedules

1. Schedule A - Licensed Images: Detailed list of all images covered by the license, including file names, descriptions, and thumbnails

2. Schedule B - Technical Specifications: Detailed technical requirements including file formats, resolution, color spaces, and delivery specifications

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

4. Appendix 1 - Usage Guidelines: Specific examples of permitted and prohibited uses of the licensed images

5. Appendix 2 - Attribution Requirements: Detailed requirements for crediting the photographer 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








































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Relevant Industries

Media and Entertainment

Advertising and Marketing

Publishing

E-commerce

Photography and Visual Arts

Digital Media

Retail

Education

Corporate Communications

Tourism and Hospitality

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Editorial

Social Media

Compliance

Relevant Roles

Photographer

Content Manager

Marketing Director

Art Director

Creative Director

Legal Counsel

Digital Rights Manager

Brand Manager

Publishing Editor

E-commerce Manager

Social Media Manager

Communications Director

Procurement Manager

Digital Asset Manager

Copyright Administrator

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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