The Photo Licensing Contract is essential when transferring rights to use photographic works while retaining copyright ownership. This document, governed by English and Welsh law, provides a comprehensive framework for protecting intellectual property rights while enabling commercial exploitation of photographs. It specifies usage rights, territories, duration, and compensation, ensuring compliance with the Copyright, Designs and Patents Act 1988 and related legislation. The contract is particularly valuable for professional photographers, agencies, and businesses requiring legal certainty in their image licensing arrangements.
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1. Parties: Identification of the licensor (photographer/copyright owner) and licensee
2. Background: Context of the agreement and ownership confirmation of the photographs
3. Definitions: Key terms used throughout the agreement including Licensed Photographs, Territory, Term, and Permitted Uses
4. License Grant: Scope and nature of the license being granted, including any restrictions and reservations
5. License Fee: Payment terms, schedule, and any additional fees or royalties
6. Usage Rights: Specific permitted uses of the photographs, including media types and reproduction rights
7. Term and Termination: Duration of license and circumstances under which the agreement can be terminated
8. Copyright Notice: Requirements for attribution and copyright notices on all uses of the photographs
1. Exclusivity Provisions: Used when granting exclusive rights to the licensee, preventing the licensor from licensing the same photographs to others
2. Territory Restrictions: Geographic limitations on usage and specific territory-based requirements
3. Moral Rights: Specific provisions about attribution and integrity of the photographs
4. Sub-licensing Rights: Terms and conditions under which the licensee may sub-license the photographs to third parties
1. Schedule 1: Licensed Photographs: Detailed list and descriptions of photographs covered by the license, including reference numbers and thumbnails
2. Schedule 2: License Fee Schedule: Detailed breakdown of payment terms, amounts, and payment schedules
3. Schedule 3: Usage Specifications: Detailed specifications of permitted uses, formats, platforms, and any technical requirements
4. Appendix A: Technical Specifications: Technical details of the photographs including resolution, format, color space, and delivery specifications
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