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Likeness Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for the use of an individual's likeness, image, voice, or other personal attributes. The document is structured in accordance with the Indian Contract Act, 1872, and incorporates relevant provisions from Indian copyright and privacy laws. It details the scope of rights granted, usage permissions, compensation terms, approval processes, and protection mechanisms for both the rights holder and the licensee, while ensuring compliance with Indian legal requirements regarding personality rights and commercial exploitation.

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What is a Likeness Agreement?

The Likeness Agreement serves as a crucial legal instrument in India's growing media and advertising landscape, where the commercial use of personal attributes has become increasingly valuable and complex. This document is essential when an individual's likeness, image, voice, or other personal attributes are to be used for commercial purposes, such as advertising campaigns, promotional materials, or digital content. The agreement, governed by Indian law, ensures compliance with the Indian Contract Act, 1872, copyright laws, and privacy regulations while protecting both the rights holder's interests and the licensee's commercial objectives. It's particularly relevant given India's evolving digital economy and the rising importance of personality rights protection in commercial contexts.

What sections should be included in a Likeness Agreement?

1. Parties: Identification of the rights holder (person whose likeness is being licensed) and the licensee

2. Background: Context of the agreement and brief description of the intended use of the likeness

3. Definitions: Key terms including 'Likeness', 'Territory', 'Term', 'Licensed Materials', and 'Permitted Uses'

4. Grant of Rights: Specific rights being granted regarding the use of likeness, including scope and limitations

5. Term and Territory: Duration of the agreement and geographical areas where the likeness can be used

6. Compensation: Payment terms, royalties, and any other financial considerations

7. Approval Rights: Process for approving specific uses of the likeness before publication/distribution

8. Ownership and Intellectual Property: Confirmation of ownership rights and intellectual property provisions

9. Representations and Warranties: Standard warranties from both parties regarding authority to enter agreement and ownership of rights

10. Indemnification: Mutual or one-way indemnification provisions for claims arising from use of likeness

11. Termination: Conditions for termination and consequences of agreement ending

12. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Likeness Agreement?

1. Digital Rights: Specific provisions for online and social media usage of likeness

2. Moral Rights: Specific provisions regarding moral rights protection, particularly relevant for artistic works

3. International Usage: Additional terms for international exploitation of likeness

4. Publicity and Promotion: Specific terms regarding how the likeness can be used in promotional materials

5. Exclusivity: Terms making the agreement exclusive in certain contexts or territories

6. Right of First Refusal: Option for licensee to match third-party offers for similar usage

7. Privacy Protection: Additional privacy safeguards beyond standard provisions

8. Social Media Guidelines: Specific rules and restrictions for social media usage

What schedules should be included in a Likeness Agreement?

1. Schedule A - Licensed Materials: Detailed list and descriptions of specific photographs, recordings, or other materials covered by the agreement

2. Schedule B - Permitted Uses: Comprehensive list of approved uses and any specific restrictions or requirements

3. Schedule C - Compensation Schedule: Detailed breakdown of payment terms, royalty rates, and payment schedules

4. Schedule D - Approval Process: Detailed procedures and timelines for obtaining approval for usage

5. Schedule E - Technical Specifications: Technical requirements for how the likeness may be reproduced or displayed

6. Appendix 1 - Sample Approval Form: Template for seeking approval for specific uses of the likeness

7. Appendix 2 - Usage Guidelines: Detailed guidelines for how the likeness may and may not be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Document Type

Release Agreement

Cost

Free to use

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