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Standard Release Form Template for Austria

A Standard Release Form governed by Austrian law is a legally binding document that grants permission for the use of an individual's image, likeness, voice, or other personal attributes. The document complies with Austrian civil law (ABGB), data protection regulations (DSG), and personality rights protection requirements. It includes comprehensive provisions for rights transfer, usage scope, data protection declarations, and necessary warranties, while ensuring compliance with Austrian consumer protection laws where applicable. The form serves as a crucial legal instrument for obtaining necessary permissions while protecting both the rights-holder and the entity receiving the rights.

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What is a Standard Release Form?

The Standard Release Form is a fundamental legal document used in Austria when obtaining permission to use an individual's personal attributes for various purposes. This document is essential when creating content involving individuals, whether for commercial, educational, or promotional purposes. The form ensures compliance with Austrian legal requirements, including the ABGB (Civil Code), DSG (Data Protection Act), and personality rights protection laws. It's commonly used in photography, videography, marketing campaigns, events, and other situations where personal attributes need to be captured and used. The Standard Release Form typically includes detailed provisions about the scope of usage, data protection declarations, and any compensation arrangements, while incorporating necessary safeguards required under Austrian law. It's particularly important in commercial contexts where content will be publicly distributed or used for promotional purposes.

What sections should be included in a Standard Release Form?

1. Parties: Identification of the person giving the release (Releaser) and the party receiving the rights (Releasee), including full legal names and addresses

2. Background: Brief context of why the release is being given, describing the event, photoshoot, recording, or other relevant activity

3. Definitions: Key terms used in the agreement, including 'Content', 'Materials', 'Usage Rights', and other relevant terms

4. Grant of Rights: Explicit declaration of rights being granted, including usage of image, voice, name, and/or likeness

5. Scope of Usage: Detailed description of how the materials can be used, including mediums, territories, and duration

6. Compensation: Statement of any payment or consideration provided, or confirmation that the release is given without compensation

7. Data Protection Declaration: GDPR-compliant declaration regarding the processing of personal data

8. Warranties: Confirmations from the Releaser regarding their capacity to grant the rights

9. Governing Law: Specification of Austrian law as governing law and jurisdiction

10. Signatures: Execution block with date and signatures of all parties

What sections are optional to include in a Standard Release Form?

1. Moral Rights Waiver: Specific waiver of moral rights, needed when content might be modified or adapted

2. Parental Consent: Required when the Releaser is a minor under Austrian law

3. Consideration Details: Detailed section about payment terms when the release is given for compensation

4. Confidentiality: Required when the context of the content creation involves confidential information

5. Revocation Rights: Details about any rights to revoke the release, particularly important in consumer contexts

6. Special Usage Restrictions: Any specific restrictions on how the content can or cannot be used

What schedules should be included in a Standard Release Form?

1. Schedule 1 - Description of Content: Detailed description of photographs, recordings, or other materials covered by the release

2. Schedule 2 - Specific Usage Rights: Detailed list of permitted uses and any specific restrictions

3. Schedule 3 - Data Processing Information: Detailed GDPR-compliant information about personal data processing

4. Appendix A - Identification Documents: Copies or references to identification documents provided by the Releaser

5. Appendix B - Sample Materials: Examples or samples of the content covered by the release, if available at signing

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Cost

Free to use

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