The Illustration License Agreement is essential for businesses and individuals seeking to legally use commissioned or existing illustrations in Indonesia. This document, governed by Indonesian law, particularly Law No. 28 of 2014 on Copyright and related regulations, establishes the legal framework for licensing artistic works. It is commonly used when companies need illustrations for marketing materials, publications, digital content, or other commercial purposes. The agreement covers crucial elements including usage rights, territorial scope, duration, modification rights, and attribution requirements. It also addresses specific Indonesian legal requirements regarding moral rights and economic rights of creators. The document serves both the illustrator's need to protect their intellectual property and the licensee's need for clear usage rights, making it vital for commercial transactions involving artistic works in Indonesia.
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1. Parties: Identification of the licensor (illustrator/rights holder) and licensee, including full legal names, addresses, and business registration details if applicable
2. Background: Context of the agreement, brief description of the illustration work, and the parties' intention to enter into a licensing arrangement
3. Definitions: Key terms used throughout the agreement, including 'Illustrations', 'License Period', 'Territory', 'Usage Rights', and other relevant terminology
4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license
5. License Fee and Payment Terms: Financial terms including license fees, payment schedule, and any royalty arrangements
6. Delivery and Acceptance: Terms regarding the delivery format of illustrations, acceptance criteria, and revision process
7. Usage Rights and Restrictions: Detailed specifications of how the illustrations may be used, including any restrictions or limitations
8. Moral Rights and Attribution: Requirements for crediting the illustrator and protecting moral rights as per Indonesian copyright law
9. Warranties and Representations: Guarantees from both parties, especially regarding ownership and originality of the illustrations
10. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property rights
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution procedures
1. Exclusivity: Terms regarding exclusive or non-exclusive licensing rights, used when exclusive rights are being granted
2. Sublicensing Rights: Terms allowing or prohibiting the licensee to sublicense the illustrations to third parties
3. Modifications and Derivative Works: Rights and restrictions regarding modification of the illustrations, included when modifications might be needed
4. Quality Control: Standards for reproduction quality and approval processes, important for brand-sensitive projects
5. Insurance: Requirements for insurance coverage, particularly relevant for high-value commercial licenses
6. Confidentiality: Terms regarding confidential information, important for commercially sensitive projects
7. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
1. Schedule A - Illustration Specifications: Detailed description of the illustrations including dimensions, style, format, and technical specifications
2. Schedule B - License Fee Schedule: Detailed breakdown of fees, payment milestones, and any royalty calculations
3. Schedule C - Delivery Schedule: Timeline for delivery of illustrations, including any milestone dates and deliverable formats
4. Schedule D - Usage Guidelines: Specific guidelines for how the illustrations may be used, including any brand guidelines or technical requirements
5. Appendix 1 - Illustration Samples: Reference images or sketches showing the agreed style and quality expectations
6. Appendix 2 - Technical Requirements: Detailed technical specifications for file formats, resolution, and other technical requirements
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