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Name And Likeness License Agreement for Germany

Name And Likeness License Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions under which an individual's name, image, likeness, and biographical information may be used by another party. The document incorporates strong personality rights protections under German constitutional and civil law, ensures compliance with GDPR and German data protection regulations, and addresses commercial exploitation rights. It includes detailed provisions for usage approval, quality control, compensation, and territorial restrictions, while maintaining the balance between commercial interests and personal rights protection.

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Name And Likeness License Agreement

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What is a Name And Likeness License Agreement?

The Name And Likeness License Agreement is essential in situations where an individual's personal attributes are to be commercially exploited under German jurisdiction. This document is particularly relevant in today's digital age where personal image rights have significant commercial value. It provides a legal framework that balances the strong personality rights protection under German law with commercial interests, incorporating necessary compliance with the German Civil Code, GDPR, and German data protection regulations. The agreement is commonly used for celebrity endorsements, influencer marketing, sports sponsorships, and entertainment industry contracts, providing detailed terms for usage rights, approval processes, and quality control measures to protect both the licensor's reputation and the licensee's commercial interests.

What sections should be included in a Name And Likeness License Agreement?

1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms including 'Licensed Rights', 'Territory', 'Term', 'Licensed Materials', and 'Approved Uses'

4. Grant of Rights: Specific rights granted for use of name, image, likeness, voice, and biographical information

5. Scope of License: Detailed parameters of permitted uses, territories, and duration

6. Approval Rights: Process for obtaining approval for specific uses of licensed materials

7. Quality Control: Standards for maintaining the quality and reputation of the licensed materials

8. Compensation: Payment terms, including any royalties, flat fees, or other financial arrangements

9. Representations and Warranties: Mutual assurances regarding rights ownership and authority to enter agreement

10. Data Protection and Privacy: Compliance with GDPR and German data protection laws

11. Term and Termination: Duration of agreement and conditions for termination

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

What sections are optional to include in a Name And Likeness License Agreement?

1. Moral Rights: Additional protection of moral rights under German law, used when creative works are involved

2. Social Media Rights: Specific provisions for social media usage, needed for digital campaigns

3. Merchandising Rights: Detailed terms for merchandise production, used when physical products are involved

4. Sublicensing Rights: Terms for allowing licensee to sublicense rights to third parties

5. Exclusivity Provisions: Terms for exclusive rights in specific territories or categories

6. Publicity Rights: Additional terms for public relations and promotional activities

7. Crisis Management: Procedures for handling negative publicity or controversies

8. Digital Alterations: Specific provisions regarding digital modification of licensed materials

What schedules should be included in a Name And Likeness License Agreement?

1. Schedule A - Licensed Materials: Detailed list and copies of approved photographs, signatures, biographical information

2. Schedule B - Approved Uses: Specific examples and categories of permitted uses of licensed materials

3. Schedule C - Approval Process: Detailed procedures and timeframes for obtaining approvals

4. Schedule D - Quality Control Guidelines: Specific quality standards and requirements for using licensed materials

5. Schedule E - Compensation Details: Detailed breakdown of payment terms, royalty calculations, and reporting requirements

6. Appendix 1 - Style Guide: Guidelines for visual presentation and usage of licensed materials

7. Appendix 2 - Territory Restrictions: Detailed breakdown of territorial restrictions and permissions

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 | Serial Founder & Legal AI Author

Jurisdiction

Germany

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions














































Clauses


































Relevant Industries

Entertainment

Sports

Media

Advertising

Fashion

Retail

Gaming

Digital Media

Consumer Goods

Public Relations

Social Media

Broadcasting

Publishing

Relevant Teams

Legal

Marketing

Brand Management

Digital

Compliance

Commercial

Public Relations

Content

Licensing

Business Affairs

Talent Management

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Licensing Manager

Talent Manager

Commercial Director

Digital Rights Manager

Compliance Officer

Celebrity Manager

Sports Agent

Media Rights Manager

PR Director

Content Strategy Director

Intellectual Property Lawyer

Contract 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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