The Image Rights Agreement is essential in today's media-driven marketplace where personal images and likenesses have significant commercial value. This document is typically used when a company or organization wishes to legally acquire rights to use an individual's image, photographs, or likeness for commercial purposes. The agreement, governed by Indian law, encompasses crucial elements such as usage scope, territorial rights, duration, compensation, and approval mechanisms. It's particularly relevant in cases involving celebrity endorsements, modeling assignments, advertising campaigns, and digital content creation. The document ensures compliance with Indian legal frameworks, including The Copyright Act, 1957, personality rights jurisprudence, and constitutional privacy rights, while providing clear guidelines for commercial exploitation of image rights and protecting both parties' interests.
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1. Parties: Identification of the rights holder (individual/celebrity/model) and the party acquiring the rights (company/publisher/agency)
2. Background: Context of the agreement, relationship between parties, and purpose of the image rights transfer
3. Definitions: Key terms including 'Image Rights', 'Territory', 'Term', 'Licensed Materials', 'Commercial Use', etc.
4. Grant of Rights: Specific image rights being granted, including scope, exclusivity/non-exclusivity, and territory
5. Term and Territory: Duration of the agreement and geographical areas where rights can be exercised
6. Payment Terms: Compensation structure, payment schedule, royalties if applicable
7. Usage Rights and Restrictions: Permitted uses, prohibited uses, and any specific restrictions on image manipulation
8. Approvals Process: Procedure for obtaining approval before using images in specific contexts
9. Representations and Warranties: Parties' assertions regarding authority to enter agreement and rights ownership
10. Termination: Conditions for ending the agreement and consequences of termination
11. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
1. Moral Rights: Section addressing the rights holder's moral rights, particularly relevant for photographers or artists
2. Digital Rights Management: Specific provisions for digital usage and protection of images in online environments
3. Social Media Usage: Specific terms for social media platforms when digital presence is significant
4. Merchandising Rights: Additional section when images will be used on merchandise or products
5. Publicity and Promotion: Specific terms for using images in promotional materials
6. Third Party Rights: Provisions regarding usage by third parties or sublicensing when relevant
7. Image Modification Rights: Specific provisions regarding alteration, editing, or manipulation of images
8. Emergency Takedown Provisions: Procedures for quick removal of images in case of disputes or issues
1. Schedule 1 - Licensed Images: Detailed list and descriptions of all images covered under the agreement
2. Schedule 2 - Approved Usage Guidelines: Specific guidelines for how images can be used, including size, context, and placement requirements
3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, including any royalty calculations or milestone payments
4. Schedule 4 - Approval Process Workflow: Detailed steps and timeframes for obtaining usage approvals
5. Appendix A - Image Specifications: Technical specifications for image usage, including resolution, format, and quality requirements
6. Appendix B - Territory List: Detailed list of territories where usage rights are granted, if applicable
7. Appendix C - Prohibited Uses: Specific examples and contexts where image usage is not permitted
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