The Likeness License Agreement is essential when an individual's image, voice, or other personal attributes are to be used for commercial purposes in Canada. This document is particularly crucial given Canada's unique legal framework, which combines federal copyright and privacy laws with provincial personality rights protection. The agreement typically outlines specific usage rights, territorial scope, compensation terms, and approval processes. It's commonly used in advertising campaigns, promotional materials, merchandise production, and digital content creation. The document must comply with both federal legislation (such as the Copyright Act and PIPEDA) and provincial laws governing personality rights. It provides protection for both the individual granting rights to their likeness and the commercial entity seeking to use it, establishing clear parameters for usage while maintaining necessary quality control measures.
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1. Parties: Identification of the licensor (individual whose likeness is being licensed) and licensee (entity receiving rights to use the likeness)
2. Background: Context of the agreement and brief description of the purpose for which the likeness will be used
3. Definitions: Key terms including 'Likeness', 'Licensed Uses', 'Territory', 'Term', and 'Licensed Materials'
4. Grant of Rights: Specific rights being granted regarding the use of the likeness, including any territorial or medium-specific limitations
5. Term and Termination: Duration of the agreement and circumstances under which either party may terminate
6. Compensation: Payment terms, including any royalties, flat fees, or other financial arrangements
7. Approval Rights: Process for licensor approval of specific uses of the likeness
8. Quality Control: Standards for how the likeness may be used and maintained
9. Representations and Warranties: Each party's assurances regarding their rights and abilities to enter into the agreement
10. Indemnification: Obligations to protect each party from claims arising from use of the likeness
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. General Provisions: Standard contractual terms including governing law, notices, and amendment procedures
1. Moral Rights: Specific provisions regarding moral rights protection, particularly relevant in Canadian jurisdiction
2. Sublicensing Rights: Include when licensee needs right to authorize others to use the likeness
3. Digital Rights Management: Special provisions for digital use and protection of likeness in online environments
4. Publicity Rights: Additional provisions specifically addressing promotion and publicity uses
5. Exclusivity Provisions: Include when licensor is granting exclusive rights for specific uses or territories
6. Social Media Rights: Specific terms for social media usage and management
7. Right of First Refusal: Option for licensee to match third-party offers for additional uses
8. Insurance Requirements: Specific insurance obligations for high-profile or high-risk uses
1. Schedule A - Licensed Materials: Detailed list and description of specific photographs, images, or other materials covered by the license
2. Schedule B - Approved Uses: Comprehensive list of specific approved uses and any associated restrictions
3. Schedule C - Territory Specifications: Detailed breakdown of geographical areas where license applies
4. Schedule D - Compensation Schedule: Detailed breakdown of payment terms, royalty rates, and payment schedules
5. Schedule E - Approval Procedures: Detailed procedures for obtaining approval for specific uses
6. Appendix 1 - Style Guide: Guidelines for how the likeness may be represented, including any prohibited uses or modifications
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