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Photo Licensing Contract Template for England and Wales

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Key Requirements PROMPT example:

Photo Licensing Contract

"I need a Photo Licensing Contract for licensing 50 commercial product photographs to a retail company, with exclusive worldwide rights for 2 years starting from January 2025, including digital and print usage rights."

What is a Photo Licensing Contract?

The Photo Licensing Contract is essential when transferring rights to use photographic works while retaining copyright ownership. This document, governed by English and Welsh law, provides a comprehensive framework for protecting intellectual property rights while enabling commercial exploitation of photographs. It specifies usage rights, territories, duration, and compensation, ensuring compliance with the Copyright, Designs and Patents Act 1988 and related legislation. The contract is particularly valuable for professional photographers, agencies, and businesses requiring legal certainty in their image licensing arrangements.

What sections should be included in a Photo Licensing Contract?

1. Parties: Identification of the licensor (photographer/copyright owner) and licensee

2. Background: Context of the agreement and ownership confirmation of the photographs

3. Definitions: Key terms used throughout the agreement including Licensed Photographs, Territory, Term, and Permitted Uses

4. License Grant: Scope and nature of the license being granted, including any restrictions and reservations

5. License Fee: Payment terms, schedule, and any additional fees or royalties

6. Usage Rights: Specific permitted uses of the photographs, including media types and reproduction rights

7. Term and Termination: Duration of license and circumstances under which the agreement can be terminated

8. Copyright Notice: Requirements for attribution and copyright notices on all uses of the photographs

What sections are optional to include in a Photo Licensing Contract?

1. Exclusivity Provisions: Used when granting exclusive rights to the licensee, preventing the licensor from licensing the same photographs to others

2. Territory Restrictions: Geographic limitations on usage and specific territory-based requirements

3. Moral Rights: Specific provisions about attribution and integrity of the photographs

4. Sub-licensing Rights: Terms and conditions under which the licensee may sub-license the photographs to third parties

What schedules should be included in a Photo Licensing Contract?

1. Schedule 1: Licensed Photographs: Detailed list and descriptions of photographs covered by the license, including reference numbers and thumbnails

2. Schedule 2: License Fee Schedule: Detailed breakdown of payment terms, amounts, and payment schedules

3. Schedule 3: Usage Specifications: Detailed specifications of permitted uses, formats, platforms, and any technical requirements

4. Appendix A: Technical Specifications: Technical details of the photographs including resolution, format, color space, and delivery specifications

Authors

Alex Denne

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

Relevant legal definitions






























Clauses






























Industries

Copyright, Designs and Patents Act 1988 (CDPA): Primary legislation governing copyright protection in the UK, covering photographer's rights as creator, duration of copyright protection, moral rights provisions, and assignment and licensing provisions

Copyright and Rights in Performances Regulations 2014: Legislation dealing with permitted uses and fair dealing exceptions in copyright law

GDPR and Data Protection Act 2018: Regulations concerning data protection and privacy rights, particularly relevant if photos contain identifiable individuals

Consumer Rights Act 2015: Legislation covering consumer protection, including fair terms requirements and quality of service provisions when licensing to consumers

Contracts (Rights of Third Parties) Act 1999: Law governing the rights of third parties who are mentioned in or affected by the contract

Electronic Commerce (EC Directive) Regulations 2002: Regulations governing electronic commerce and online contracts, relevant if the licensing agreement is made online

Consumer Contracts Regulations 2013: Legislation covering consumer contracts including cancellation rights and information requirements for consumer transactions

Common Law Principles: Foundational legal principles covering contract formation, consideration, terms and conditions, breach and remedies

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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