The Likeness License Agreement is essential in Hong Kong's commercial landscape where the use of personal images and characteristics in marketing, advertising, and media is increasingly prevalent. This agreement type is particularly crucial given Hong Kong's robust personal data protection regime and common law system. It should be used whenever an individual's likeness is to be used for commercial or promotional purposes, ensuring compliance with the Personal Data (Privacy) Ordinance and related regulations. The document typically includes detailed provisions on usage rights, approval processes, compensation, and territorial restrictions, making it suitable for both local Hong Kong use and international licensing arrangements.
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1. Parties: Identification of the licensor (person whose likeness is being licensed) and licensee
2. Background: Context of the agreement and general purpose for the license
3. Definitions: Key terms including 'Likeness', 'Licensed Materials', 'Territory', 'Term', and 'Permitted Uses'
4. Grant of Rights: Specific rights being granted regarding the use of the likeness
5. Scope of License: Detailed parameters of permitted usage, including territory, duration, and medium
6. Approval Rights: Process for approving specific uses of the likeness
7. Compensation: Payment terms, royalties, and other financial considerations
8. Usage Restrictions: Specific limitations on how the likeness may be used
9. Representations and Warranties: Standard warranties from both parties
10. Term and Termination: Duration of agreement and circumstances for termination
11. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
1. Exclusivity: Terms making the license exclusive, used when licensee requires sole rights to use the likeness
2. Moral Rights: Protection of moral rights in the likeness, particularly relevant for artistic or creative works
3. Social Media Rights: Specific provisions for social media usage, needed for digital marketing campaigns
4. Third Party Rights: Provisions regarding sublicensing and transfer rights, used when sublicensing might be needed
5. Insurance Requirements: Obligations regarding insurance coverage, particularly for high-profile individuals
6. Privacy and Data Protection: Additional privacy protections beyond statutory requirements, used for sensitive situations
7. Merchandising Rights: Specific terms for merchandise creation and sales, used in commercial exploitation scenarios
1. Schedule 1 - Licensed Materials: Detailed description and/or copies of the specific photographs, images, or other materials covered by the license
2. Schedule 2 - Permitted Uses: Comprehensive list of approved uses and contexts for the licensed materials
3. Schedule 3 - Territory: Detailed specification of geographical areas where the license applies
4. Schedule 4 - Compensation Details: Detailed breakdown of payment terms, royalty calculations, and payment schedules
5. Schedule 5 - Approval Process: Detailed procedures and timeframes for obtaining approval for specific uses
6. Appendix A - Style Guide: Guidelines for how the likeness may be portrayed, modified, or combined with other content
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