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Image Licensing Agreement Template for India

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Image Licensing Agreement

"I need an Image Licensing Agreement for my photography business to license 200 nature photographs to a publishing house for exclusive use in their upcoming wildlife magazine series, with worldwide rights starting from March 2025 for a 2-year period."

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What is a Image Licensing Agreement?

The Image Licensing Agreement serves as a crucial legal instrument in India's growing digital and creative economy. This document is essential when a copyright owner wishes to grant specific usage rights for their visual content while retaining ownership. It's commonly used by photographers, artists, stock photo agencies, and businesses requiring visual content for commercial purposes. The agreement, governed by Indian law, particularly the Copyright Act, 1957, and the Information Technology Act, 2000, ensures clear delineation of rights, responsibilities, and restrictions regarding image usage. It addresses key aspects such as territorial scope, duration, modification rights, attribution requirements, and compensation structures. The document becomes particularly relevant in today's digital age where image usage across multiple platforms requires careful management of intellectual property rights.

What sections should be included in a Image Licensing Agreement?

1. Parties: Identification of the licensor (image owner/copyright holder) and licensee with full legal names and addresses

2. Background: Brief context explaining the licensor's ownership of the images and licensee's intended use

3. Definitions: Key terms including 'Licensed Images', 'Territory', 'Term', 'Usage Rights', 'Modifications', and other relevant terminology

4. Grant of License: Specific rights being granted, including territory, duration, and scope of permitted use

5. License Fee and Payment Terms: Compensation structure, payment schedule, and any royalty arrangements

6. Usage Restrictions: Specific limitations on how the images can be used, modified, or distributed

7. Attribution Requirements: Requirements for crediting the image creator/owner

8. Representations and Warranties: Licensor's confirmation of image ownership and licensee's compliance commitments

9. Term and Termination: Duration of the license and conditions for early termination

10. Intellectual Property Rights: Confirmation of retained rights and ownership of the images

11. Confidentiality: Protection of any confidential information exchanged

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Image Licensing Agreement?

1. Exclusivity: Terms for exclusive licensing rights - include when licensee requires exclusive use of the images

2. Sub-licensing Rights: Permission and terms for licensee to sub-license images to third parties - include when sub-licensing is permitted

3. Quality Control: Standards for image reproduction and display - include for high-value or brand-sensitive images

4. Moral Rights: Handling of moral rights under copyright law - include for artistic or editorial images

5. Insurance Requirements: Insurance obligations for high-value images - include for commercial use of valuable images

6. Digital Rights Management: Technical requirements for protecting digital images - include for digital-only licensing

7. Audit Rights: Right to audit usage and payments - include for royalty-based arrangements

What schedules should be included in a Image Licensing Agreement?

1. Schedule 1 - Licensed Images: Detailed list of all images covered by the agreement, including file names, descriptions, and thumbnails

2. Schedule 2 - Technical Specifications: Image specifications including file formats, resolution, and quality requirements

3. Schedule 3 - Usage Guidelines: Detailed guidelines for image usage, including size, placement, and modification restrictions

4. Schedule 4 - Fee Schedule: Detailed breakdown of licensing fees, including any usage-based charges or royalty calculations

5. Appendix A - Copyright Registrations: List of copyright registration details for the licensed images

Authors

Alex Denne

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

Relevant legal definitions






























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Relevant Industries

Media & Entertainment

Advertising

Publishing

Digital Marketing

E-commerce

Education

Fashion & Retail

Technology

Creative Arts

Professional Services

Travel & Tourism

Real Estate

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Procurement

Communications

Intellectual Property

Publishing

Art & Design

Relevant Roles

Legal Counsel

Content Manager

Creative Director

Marketing Manager

Digital Rights Manager

Brand Manager

Procurement Officer

Art Director

Publishing Manager

Digital Content Coordinator

Intellectual Property Lawyer

Communications Manager

Photographer

Artist

Stock Photo Agent

Industries






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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