The Image Rights Agreement serves as a crucial legal instrument in Malaysia's growing digital and creative economy. This document is essential when establishing formal arrangements for the use and commercialization of photographic or digital images, whether for advertising, publishing, or digital media purposes. It addresses key considerations under Malaysian law, including copyright protection, personal data privacy, and commercial rights exploitation. The agreement is particularly relevant in today's digital age where image usage spans multiple platforms and territories, requiring clear delineation of rights, responsibilities, and restrictions. It incorporates provisions for both traditional and digital media usage, ensuring comprehensive protection for all parties involved.
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1. Parties: Identification of the rights holder (photographer/subject) and the party acquiring the rights
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms including 'Images', 'Territory', 'Usage Rights', 'Commercial Purposes', etc.
4. Grant of Rights: Specific image rights being transferred or licensed, including scope of usage
5. Term and Territory: Duration of the agreement and geographical scope of usage rights
6. Payment Terms: Compensation structure, payment schedule, and any royalty arrangements
7. Usage Restrictions: Limitations on how images can be used, modified, or distributed
8. Representations and Warranties: Guarantees regarding image ownership, third-party rights, and necessary releases
9. Quality Control: Standards for image reproduction and presentation
10. Intellectual Property Rights: Clarification of ongoing IP ownership and rights
11. Termination: Conditions for ending the agreement and post-termination rights
12. Governing Law and Jurisdiction: Malaysian law application and dispute resolution procedures
1. Exclusivity Provisions: Used when granting exclusive rights to the images in specific contexts or territories
2. Moral Rights: Specific provisions regarding attribution and image integrity, particularly relevant for artistic works
3. Digital Rights Management: Special provisions for digital usage and protection measures
4. Social Media Usage: Specific terms for social media platforms when relevant
5. International Usage: Additional provisions for international distribution and usage
6. Merchandising Rights: When images will be used on merchandise or products
7. Retouching and Editing Rights: Specific permissions and limitations regarding image modification
8. Sub-licensing Rights: When the acquiring party needs rights to sublicense the images to third parties
1. Schedule 1: Image Inventory: Detailed list of all images covered by the agreement, including specifications and formats
2. Schedule 2: Approved Usage Examples: Examples and guidelines for permitted uses of the images
3. Schedule 3: Fee Schedule: Detailed breakdown of payments, royalties, and payment milestones
4. Schedule 4: Technical Specifications: Technical requirements for image reproduction and usage
5. Schedule 5: Territory Restrictions: Detailed breakdown of territorial rights and restrictions
6. Appendix A: Model Releases: Copies of any relevant model releases or third-party permissions
7. Appendix B: Copyright Registrations: Details of copyright registrations for the images if applicable
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Advertising & Marketing
Publishing
Fashion & Beauty
Retail
E-commerce
Sports & Recreation
Education
Tourism & Hospitality
Digital Content Creation
Relevant Teams
Legal
Marketing
Creative
Digital Content
Brand Management
Licensing
Compliance
Commercial
Publishing
Art & Design
Relevant Roles
Legal Counsel
Content Manager
Creative Director
Marketing Manager
Brand Manager
Digital Rights Manager
Licensing Manager
Photography Director
Art Director
Media Rights Coordinator
Commercial Director
Publishing Manager
Digital Content Specialist
Compliance Officer
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