A Photo Usage Agreement is essential when photographs are being licensed for commercial, editorial, or promotional use in Switzerland. This document is typically used when a photographer or rights holder grants specific usage rights to individuals or organizations while retaining underlying copyright. The agreement must comply with Swiss federal laws, particularly the Copyright Act (CopA) and Data Protection Act (FADP), and should address unique Swiss legal requirements regarding personality rights and fair competition. It outlines permitted uses, territorial scope, duration, modification rights, and attribution requirements. The agreement becomes particularly important in commercial contexts where clear usage rights and limitations need to be established to protect both the photographer's intellectual property and the licensee's investment.
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1. Parties: Identification of the photographer/rights holder and the licensee
2. Background: Context of the agreement and brief description of the photographs involved
3. Definitions: Key terms used throughout the agreement including 'Licensed Photos', 'Usage Rights', 'Territory', etc.
4. Grant of Rights: Specific rights being granted, including usage types, territories, and duration
5. Usage Restrictions: Limitations on how the photographs may be used, modified, or distributed
6. Payment Terms: License fees, payment schedule, and any royalty arrangements
7. Attribution Requirements: Requirements for crediting the photographer
8. Representations and Warranties: Guarantees regarding ownership, rights clearance, and quality of photographs
9. Duration and Termination: Term of the agreement and circumstances for early termination
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and dispute resolution provisions
1. Model Releases: Required when photographs contain identifiable individuals, addressing privacy rights and consent
2. Property Releases: Needed when photographs contain private property or trademarked items
3. Exclusivity Provisions: Used when granting exclusive usage rights to the licensee
4. Sub-licensing Rights: Include when licensee is permitted to sub-license the photographs
5. Digital Rights Management: Specific provisions for digital usage and protection measures
6. Social Media Usage: Specific terms for social media platforms and digital sharing
7. International Usage: Additional provisions for use in multiple jurisdictions
1. Schedule A - Licensed Photographs: Detailed list and descriptions of all photographs covered by the agreement
2. Schedule B - Usage Specifications: Detailed specifications of permitted uses, formats, and platforms
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Appendix 1 - Technical Specifications: Technical requirements for photo reproduction and display
5. Appendix 2 - Model Releases: Copies of all relevant model release forms
6. Appendix 3 - Property Releases: Copies of all relevant property release forms
Authors
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Advertising & Marketing
Publishing
Photography
Digital Media
E-commerce
Fashion & Lifestyle
Corporate Communications
Tourism & Hospitality
Real Estate
Retail
Education
Relevant Teams
Legal
Marketing
Creative
Digital Assets
Brand Management
Communications
Content Management
Publications
Intellectual Property
Corporate Communications
Relevant Roles
Photographer
Creative Director
Marketing Manager
Content Manager
Legal Counsel
Brand Manager
Digital Assets Manager
Art Director
Publications Manager
Communications Director
Licensing Manager
Copyright Administrator
Media Rights Manager
Digital Content Coordinator
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