The Image Rights Contract is essential for businesses and individuals operating in Switzerland who need to legally secure and transfer rights for using photographic works or personal images. This document is particularly relevant in today's digital age where image usage spans multiple platforms and territories. It must comply with Swiss federal laws, including the Civil Code (ZGB), Code of Obligations (OR), and Federal Act on Data Protection (FADP). The contract is commonly used in commercial photography, advertising campaigns, personal brand management, and digital marketing contexts. It addresses critical aspects such as usage scope, territorial rights, modification permissions, and compensation terms while incorporating specific Swiss legal requirements regarding personality rights and data protection. The document becomes especially important when images are intended for commercial use, public display, or widespread digital distribution.
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1. Parties: Identification of the rights holder (image subject/photographer) and the licensee, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the image rights transfer
3. Definitions: Key terms including 'Images', 'Territory', 'Usage Rights', 'Commercial Purposes', and other relevant terminology
4. Subject Matter: Specific description of the images or photographic works covered by the agreement
5. Grant of Rights: Detailed specification of the rights being granted, including usage types, territories, and duration
6. Usage Restrictions: Specific limitations on how the images may be used, modified, or distributed
7. Compensation: Payment terms, royalties, or other financial considerations for the use of the images
8. Moral Rights: Acknowledgment and handling of moral rights under Swiss law
9. Representations and Warranties: Guarantees regarding ownership, right to license, and third-party rights
10. Duration and Termination: Term of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
1. Exclusivity: Terms regarding exclusive usage rights - included when exclusive rights are being granted
2. Digital Rights Management: Specific provisions for digital use and protection - relevant for digital distribution
3. Social Media Usage: Specific terms for social media platforms - included for digital marketing purposes
4. Retouching and Modification Rights: Terms regarding image modification permissions - relevant for advertising/commercial use
5. Sub-licensing Rights: Terms allowing licensee to sub-license images - included for agencies or broader commercial use
6. Emergency Takedown Provisions: Procedures for rapid removal of images if issues arise - relevant for digital/online usage
7. Talent Release Provisions: Additional terms when images include recognizable individuals - needed for commercial/advertising use
1. Schedule A - Image Inventory: Detailed list and descriptions of all images covered by the agreement
2. Schedule B - Approved Usage Examples: Specific examples and contexts of permitted image uses
3. Schedule C - Fee Schedule: Detailed breakdown of payments, royalties, and payment terms
4. Schedule D - Technical Specifications: Technical requirements for image reproduction and usage
5. Appendix 1 - Image Samples: Low-resolution samples or thumbnails of the licensed images
6. Appendix 2 - Brand Guidelines: If applicable, guidelines for image usage in brand context
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