The Photo Release Agreement is a crucial document used in Hong Kong when obtaining permission to use photographs of individuals or property for various purposes, including commercial, editorial, or promotional use. This agreement is essential for compliance with Hong Kong's legal framework, particularly the Personal Data (Privacy) Ordinance and Copyright Ordinance. It should be used whenever photographs of identifiable individuals or private property will be published, displayed, or used in any media format. The document typically includes detailed terms about usage rights, compensation, privacy concerns, and territorial scope. It's particularly important in professional photography, advertising, and media industries, where clear documentation of rights and permissions is necessary to avoid future disputes and ensure legal compliance.
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1. Parties: Identifies the photographer/company and the subject/model (including full legal names and addresses)
2. Background: Briefly explains the context of the photo shoot and the purpose of the agreement
3. Definitions: Defines key terms used in the agreement including 'Photographs', 'Usage Rights', 'Territory', etc.
4. Grant of Rights: Clearly states the rights being granted by the subject to the photographer/company regarding the use of photographs
5. Usage Terms: Specifies how, where, and for how long the photographs may be used
6. Compensation: Details any payment or other consideration provided for the photo rights
7. Representations and Warranties: Subject's confirmation of their right to enter into the agreement and grant the permissions
8. Privacy Consent: Explicit consent for collection and use of personal data in compliance with Hong Kong's PDPO
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Governing Law: Specifies Hong Kong law as governing law and jurisdiction
1. Commercial Use: Additional terms specific to commercial usage of photographs, including specific industries or excluded uses
2. Parental Consent: Required when the subject is under 18, including parent/guardian details and signatures
3. Moral Rights: Specific provisions regarding the subject's moral rights under Hong Kong copyright law
4. Digital Modification: Terms regarding permission and extent of digital alterations to photographs
5. Territory Restrictions: Specific geographical limitations on where photographs can be used
6. Non-Disclosure: Confidentiality provisions regarding the photo shoot or commercial campaign
7. Model Release for Multiple Shoots: Extended terms for ongoing or multiple photography sessions
1. Schedule 1 - Photograph Description: Detailed description or list of photographs covered by the agreement, including date and location of shoot
2. Schedule 2 - Permitted Uses: Comprehensive list of specific permitted uses and any restrictions
3. Schedule 3 - Compensation Details: Detailed breakdown of payment terms, rates, or other compensation
4. Appendix A - Sample Photographs: Reference copies of photographs or thumbnails covered by the agreement
5. Appendix B - Special Terms: Any special terms or conditions specific to the particular photo shoot or usage
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Art Director
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Digital Content Specialist
Corporate Communications Manager
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