The Photographer's License agreement is essential for professional photography transactions in Austria, providing a legally robust framework for licensing photographic works. It is designed to comply with Austrian copyright law (Urheberrechtsgesetz) and related regulations, including EU directives. This document should be used whenever a photographer or photography studio grants rights to use their photographs to clients, whether for commercial or non-commercial purposes. The agreement covers crucial elements such as usage scope, territorial limits, duration, fees, attribution requirements, and moral rights protection. It's particularly important in the Austrian context where moral rights (Urheberpersönlichkeitsrechte) cannot be fully waived and must be specifically addressed in the agreement.
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1. Parties: Identification of the photographer (licensor) and the licensee, including full legal names and addresses
2. Background: Brief context of the agreement and relationship between parties
3. Definitions: Key terms used in the agreement including 'Licensed Works', 'Territory', 'Usage Rights', etc.
4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license
5. License Fee and Payment Terms: Financial terms, payment schedule, and any royalty arrangements
6. Photographer's Rights and Obligations: Including moral rights, delivery obligations, and quality guarantees
7. Licensee's Obligations: Usage restrictions, attribution requirements, and other obligations
8. Copyright and Ownership: Assertion of photographer's copyright ownership and intellectual property rights
9. Term and Termination: Duration of agreement and circumstances for termination
10. General Terms: Standard legal provisions including governing law, notices, and entire agreement
1. Exclusivity: Used when granting exclusive rights to the licensee for specific uses or territories
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the photographs to third parties
3. Model Releases: Required when photographs include identifiable individuals
4. Social Media Usage: Specific terms for social media platforms and digital usage
5. Modification Rights: Terms regarding the licensee's right to edit or modify the photographs
6. Rush Delivery Terms: Include when expedited delivery options are available
7. Competition Restrictions: Used when restricting usage in relation to competitor products/services
1. Schedule A - Licensed Photographs: Detailed list and description of all photographs covered by the license
2. Schedule B - Technical Specifications: Format, resolution, and technical requirements for delivered photographs
3. Schedule C - Usage Specifications: Detailed breakdown of permitted usage types, channels, and territories
4. Schedule D - Fee Schedule: Detailed breakdown of licensing fees, including any variable pricing
5. Appendix 1 - Model Releases: Copies of model releases for photographs containing identifiable individuals
6. Appendix 2 - Property Releases: Copies of property releases for photographs of private property
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