The Non-Exclusive Photo License Agreement is essential for businesses and individuals seeking to legally use photographic works while ensuring compliance with German law. This document is particularly relevant when a licensee requires usage rights for specific photographs without needing exclusive access, and when the photographer wishes to retain the ability to license the same works to others. The agreement, governed by German law, specifically addresses requirements under the Urheberrechtsgesetz (German Copyright Act) and related regulations, including provisions for moral rights protection and GDPR compliance where applicable. It's commonly used in commercial, editorial, and marketing contexts, providing clear terms for usage rights, territorial scope, duration, and compensation while maintaining the photographer's underlying copyright ownership.
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1. Parties: Identification of the Licensor (photographer/copyright holder) and Licensee, including full legal names and addresses
2. Background: Brief context explaining the photographer's ownership of the works and Licensee's desire to use them
3. Definitions: Key terms including 'Licensed Images', 'Territory', 'Term', 'Usage Rights', and other relevant definitions
4. Grant of License: Specific terms of the non-exclusive license, including permitted uses and territory
5. License Fee: Payment terms, including amount, payment schedule, and any recurring fees
6. Usage Restrictions: Specific limitations on use, prohibited modifications, and sublicensing restrictions
7. Photographer Credit: Requirements for attributing the photographer's work
8. Representations and Warranties: Licensor's warranties regarding ownership and rights to license the photographs
9. Term and Termination: Duration of the license and conditions for termination
10. Governing Law: Specification of German law as governing law and jurisdiction
1. Digital Rights Management: Specific provisions for digital use, including metadata preservation and online usage restrictions
2. Model Releases: Include when photographs contain recognizable individuals, addressing KUG requirements
3. International Usage: Additional terms for use outside Germany, including foreign copyright compliance
4. Social Media Rights: Specific terms for social media usage and platform-specific requirements
5. Moral Rights: Specific provisions regarding the photographer's moral rights under German law
6. GDPR Compliance: Required when photographs contain personal data or identifiable individuals
7. Royalty Reporting: Include when license fee includes royalty-based payments
1. Schedule 1: Licensed Photographs: Detailed list of licensed photographs with unique identifiers and descriptions
2. Schedule 2: Permitted Usage: Specific details of permitted uses, formats, and channels
3. Schedule 3: Fee Schedule: Detailed breakdown of license fees and payment terms
4. Appendix A: Technical Specifications: Technical requirements for photograph reproduction and usage
5. Appendix B: Credit Requirements: Detailed requirements for photographer attribution in different contexts
6. Appendix C: Model Releases: Copies of relevant model releases for photographs containing recognizable individuals
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