The Photo Usage Agreement is essential for businesses and individuals seeking to legally utilize professional photographic works in Austria. This document is commonly used when commissioning photography services or licensing existing photographic works for commercial, marketing, or editorial purposes. It ensures compliance with Austrian copyright law (Urheberrechtsgesetz), data protection regulations (GDPR and Austrian Data Protection Act), and commercial law requirements. The agreement typically covers critical aspects such as usage rights, territorial scope, duration, modification rights, and attribution requirements. It's particularly important in protecting both the photographer's intellectual property rights and the licensee's commercial interests while ensuring legal compliance in the Austrian jurisdiction.
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1. Parties: Identification of the photographer/rights holder and the licensee, including full legal names and addresses
2. Background: Context of the agreement, including brief description of the photographs and intended usage
3. Definitions: Key terms used in the agreement, including 'Photographs', 'Licensed Rights', 'Territory', and 'Term'
4. Grant of Rights: Specific rights being granted, including scope of usage, territory, and duration
5. Payment Terms: Compensation details, payment schedule, and any royalty arrangements
6. Usage Restrictions: Specific limitations on how the photographs may be used, modified, or distributed
7. Attribution and Moral Rights: Requirements for crediting the photographer and protecting moral rights under Austrian law
8. Data Protection: GDPR compliance measures and handling of personal data in photographs
9. Warranties and Representations: Guarantees regarding ownership, third-party rights, and necessary releases
10. Term and Termination: Duration of the agreement and conditions for early termination
11. Governing Law: Specification of Austrian law as governing law and jurisdiction
1. Exclusivity: Terms regarding exclusive usage rights - include when exclusive rights are being granted
2. Sub-licensing Rights: Terms for allowing the licensee to sub-license the photographs - include when sub-licensing is permitted
3. Social Media Usage: Specific terms for social media platforms - include when social media usage is contemplated
4. International Usage: Additional terms for international use - include when usage extends beyond Austria
5. Modification Rights: Terms regarding right to modify or edit photos - include when modifications are permitted
6. Model Releases: Reference to model releases - include when photographs contain identifiable individuals
1. Schedule 1 - Photographs: Detailed list or thumbnails of photographs covered by the agreement
2. Schedule 2 - Usage Specifications: Detailed specifications of permitted uses, formats, and contexts
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, royalties, and payment terms
4. Appendix A - Model Releases: Copies of model releases for photographs containing identifiable individuals
5. Appendix B - Technical Specifications: Technical requirements for photo reproduction and usage
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