Use Of Likeness Agreement

Use Of Likeness Agreement Template for Netherlands

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Key Requirements PROMPT example:

"I need a Use of Likeness Agreement for our company's new global marketing campaign starting January 2025, covering usage rights for both digital and print media across Europe, with specific provisions for social media platforms and the ability to modify images."

Document background

The Use of Likeness Agreement is essential for any situation where an organization or individual seeks to legally use someone's image, likeness, or identifying characteristics in the Netherlands. This document is particularly crucial given the strict Dutch portrait rights regime under the Auteurswet and GDPR compliance requirements. It's commonly used in advertising, media production, corporate communications, and educational contexts. The agreement covers key aspects such as usage rights, territorial scope, duration, compensation, and data protection measures. It's designed to protect both the rights holder's interests and the user's commercial needs while ensuring compliance with Dutch privacy laws and portrait rights regulations. The document typically includes detailed specifications about permitted uses, any restrictions on digital manipulation, and clear procedures for approval and withdrawal of consent.

Suggested Sections

1. Parties: Identification of the rights holder (subject) and the party seeking to use the likeness

2. Background: Context of the agreement and general purpose of the likeness use

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

4. Grant of Rights: Specific permissions granted for the use of likeness, including scope and limitations

5. Term and Territory: Duration of the agreement and geographical scope of permitted use

6. Compensation: Payment terms and any royalty arrangements

7. Usage Rights and Restrictions: Detailed specifications of how the likeness may and may not be used

8. GDPR Compliance: Data protection provisions and consent for personal data processing

9. Moral Rights and Attribution: Requirements for crediting and protecting the subject's reputation

10. Representations and Warranties: Statements of fact and guarantees from both parties

11. Termination: Circumstances and procedures for ending the agreement

12. Governing Law and Jurisdiction: Confirmation of Dutch law application and dispute resolution procedures

Optional Sections

1. Minor Subject Provisions: Additional protections and parental consent requirements when the subject is under 18

2. Group Appearance Rights: Special provisions for when the subject appears as part of a group

3. Digital Manipulation: Specific terms regarding digital alteration or enhancement of the likeness

4. Exclusivity: Terms making the agreement exclusive, preventing the subject from granting similar rights to others

5. Promotional Rights: Additional rights for using the likeness in promotional materials

6. Social Media Usage: Specific terms for social media platforms and digital content

7. Emergency Withdrawal: Provisions for quickly withdrawing likeness use in case of reputation damage or emergency

Suggested Schedules

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

2. Schedule B - Permitted Uses: Comprehensive list of specific approved uses, including media types and contexts

3. Schedule C - Territory List: Detailed list of countries or regions where usage is permitted

4. Schedule D - Compensation Schedule: Detailed breakdown of payments, royalties, and payment schedules

5. Schedule E - Style Guide: Guidelines for how the likeness may be presented, including any specific requirements for presentation

6. Appendix 1 - GDPR Privacy Notice: Detailed privacy notice compliant with GDPR requirements

7. Appendix 2 - Approval Process: Procedures for obtaining approval for specific uses of the likeness

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Media & Entertainment

Advertising & Marketing

Fashion & Modeling

Education & Training

Corporate Communications

Digital Media

Publishing

Public Relations

Sports & Recreation

Retail & Consumer Goods

Non-profit & Charity

Professional Services

Relevant Teams

Legal

Marketing

Communications

Creative Services

Content Production

Digital Media

Public Relations

Compliance

Brand Management

Talent Management

Social Media

Corporate Affairs

Photography

Video Production

Relevant Roles

Legal Counsel

Marketing Manager

Content Producer

Brand Manager

Communications Director

Creative Director

Talent Manager

Media Rights Manager

Privacy Officer

Compliance Manager

Digital Content Manager

Public Relations Manager

Art Director

Photography Director

Social Media Manager

Production Manager

Contract Administrator

Model Booker

Casting Director

Education Program Manager

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