A Use of Likeness Agreement is essential when an organization or individual seeks to legally use another person's image, voice, appearance, or other aspects of their identity for commercial, promotional, or other specified purposes. This document, structured according to Australian legal requirements, provides a comprehensive framework for managing image rights and usage permissions. It becomes necessary in various scenarios such as advertising campaigns, marketing materials, educational content, or media productions. The agreement ensures compliance with Australian privacy laws, intellectual property regulations, and consumer protection legislation while protecting both the rights holder and the user. It typically includes detailed terms about usage scope, duration, territorial limits, compensation, and approval processes, making it a crucial tool for businesses and individuals operating in the Australian market where image rights and personal privacy are strongly protected.
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1. Parties: Identification of the rights holder (subject) and the party obtaining rights to use the likeness
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms including 'Likeness', 'Territory', 'Term', 'Usage Rights', and 'Materials'
4. Grant of Rights: Specific permissions granted for use of likeness, including scope and limitations
5. Term and Territory: Duration of the agreement and geographical areas where likeness may be used
6. Compensation: Payment terms, royalties, or other consideration for use of likeness
7. Usage Requirements: Specific conditions and restrictions on how the likeness may be used
8. Approval Rights: Process for reviewing and approving use of likeness before publication
9. Warranties and Representations: Guarantees from both parties regarding rights, authorities, and obligations
10. Indemnification: Mutual protection against claims arising from use of likeness
11. Termination: Conditions and process for ending the agreement
12. General Provisions: Standard legal clauses including notices, governing law, and entire agreement
1. Moral Rights: Specific provisions regarding moral rights under Australian law, particularly relevant for creative or artistic uses
2. Digital Rights: Specific provisions for online and social media usage, including metadata and tagging requirements
3. Exclusivity: Terms making the agreement exclusive, preventing the subject from granting similar rights to others
4. Emergency/Crisis Usage: Special provisions for use of likeness during emergency or crisis situations
5. Talent Agency Provisions: Additional terms when talent agencies are involved in the agreement
6. International Usage: Specific provisions for international use of likeness, including compliance with foreign laws
7. Merchandising Rights: Specific terms for use of likeness in merchandise and products
1. Schedule A - Approved Likeness: Specific photographs, recordings, or other materials covered by the agreement
2. Schedule B - Approved Usage Examples: Examples and templates of how the likeness may be used
3. Schedule C - Compensation Schedule: Detailed breakdown of payment terms, royalties, and payment schedules
4. Schedule D - Approval Process: Detailed procedures for obtaining approval for usage of likeness
5. Appendix 1 - Territory Map: Visual representation of geographical territories where usage is permitted
6. Appendix 2 - Style Guide: Guidelines for how the likeness should be presented and used in various contexts
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