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Photo Release Agreement

Photo Release Agreement Template for Malaysia

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Key Requirements PROMPT example:

Photo Release Agreement

"I need a Photo Release Agreement for a fashion photoshoot scheduled for March 2025, where the photos will be used across our company's global marketing campaigns and social media platforms, with rights lasting for 3 years."

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Document background
The Photo Release Agreement is a crucial legal instrument used in Malaysia when obtaining permission to use photographs of individuals or properties for various purposes. This document ensures compliance with Malaysian legislation, particularly the Copyright Act 1987 and Personal Data Protection Act 2010. It's commonly used in professional photography, commercial advertising, corporate communications, and media publications. The agreement specifically outlines usage rights, territories, duration, and any compensation terms, while providing legal protection for both the photographer/organization and the subject. It's essential for businesses and professionals to have this agreement in place before using photographs in any public or commercial capacity to avoid potential legal issues regarding image rights and privacy.
Suggested Sections

1. Parties: Identifies the photographer/company and the photo subject (model) with full legal names and addresses

2. Background: Brief context about the photo shoot, its purpose, and the intention to grant usage rights

3. Definitions: Defines key terms such as 'Photographs', 'Usage Rights', 'Territory', and 'Media'

4. Grant of Rights: Core section detailing the rights being transferred and the scope of permitted usage

5. Usage Terms: Specifies how, where, and for how long the photographs may be used

6. Compensation: Details any payment or consideration for the photo release

7. Representations and Warranties: Subject's confirmation of right to enter agreement and photographer's warranties about usage

8. Term and Termination: Duration of the agreement and conditions for termination if any

9. Governing Law: Specifies Malaysian law as governing law and jurisdiction

Optional Sections

1. Commercial Use: Additional terms specific to commercial usage, including advertising and merchandising rights

2. Minor Subject Provisions: Required when the photo subject is under 18, including parent/guardian consent

3. Digital Manipulation: Terms regarding permission and extent of allowed photo editing or manipulation

4. Exclusivity: Terms for exclusive usage rights if applicable

5. Credit and Attribution: Requirements for crediting the photographer or subject

6. Moral Rights: Specific provisions about the creator's moral rights under Malaysian copyright law

7. Privacy and Data Protection: Additional privacy terms when sensitive personal data is involved

Suggested Schedules

1. Schedule 1 - Photograph List: Detailed list of photographs covered by the agreement, including dates and reference numbers

2. Schedule 2 - Permitted Usage: Specific details of allowed usage, including media types and territories

3. Schedule 3 - Compensation Details: Breakdown of any fees, royalties, or other compensation arrangements

4. Appendix A - Sample Watermark/Credit Line: Examples of required photo credits or watermarks if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















Clauses




















Relevant Industries

Photography

Media and Entertainment

Advertising and Marketing

Fashion and Modeling

Education

Corporate Services

Publishing

Digital Media

Events and Exhibitions

Public Relations

Relevant Teams

Legal

Marketing

Creative Services

Communications

Digital Content

Public Relations

Brand Management

Social Media

Compliance

Editorial

Relevant Roles

Photographer

Marketing Manager

Creative Director

Legal Counsel

Content Manager

Communications Director

Brand Manager

Media Coordinator

Digital Content Producer

Public Relations Manager

Events Manager

Art Director

Publishing Editor

Social Media Manager

Compliance Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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