The Image Usage Agreement serves as a crucial legal instrument in Malaysia for managing the rights and obligations associated with image licensing and usage. This document is essential when any party wishes to use photographs, digital images, or other visual content owned by another entity, whether for commercial, editorial, or promotional purposes. The agreement, governed by Malaysian law including the Copyright Act 1987 and Contracts Act 1950, provides clear parameters for image usage, including duration, territorial scope, modification rights, and attribution requirements. It's particularly relevant in today's digital age where image usage spans multiple platforms and territories, requiring careful consideration of rights management and compliance with local intellectual property laws.
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1. Parties: Identification of the image owner/licensor and the user/licensee with full legal names and addresses
2. Background: Context of the agreement, establishing the ownership of the images and purpose of the license
3. Definitions: Key terms used throughout the agreement including 'Images', 'Usage Rights', 'Territory', 'Term', etc.
4. Grant of License: Specific rights being granted, including scope, territory, and duration of usage
5. Usage Terms and Restrictions: Detailed terms of permitted usage and explicit restrictions on how images may be used
6. Payment Terms: License fees, payment schedule, and any ongoing royalties or usage-based fees
7. Copyright and Attribution: Acknowledgment of copyright ownership and requirements for attribution
8. Warranties and Representations: Guarantees regarding image ownership, rights to license, and quality of images
9. Term and Termination: Duration of the agreement and conditions for termination
10. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Exclusivity: Terms granting exclusive usage rights in specified territories or contexts
2. Modifications and Derivatives: Permission and restrictions regarding image modifications or creation of derivative works
3. Sub-licensing Rights: Terms allowing or prohibiting the licensee to sub-license the images to third parties
4. Quality Control: Requirements for maintaining image quality in various usage contexts
5. Social Media Usage: Specific terms for social media platforms and digital sharing
6. Model and Property Releases: Provisions regarding available releases for people or properties depicted in images
7. Insurance Requirements: Insurance obligations for high-value or high-risk usage scenarios
1. Schedule A - Licensed Images: Detailed list of all images covered by the agreement, including file names, descriptions, and reference numbers
2. Schedule B - Usage Specifications: Detailed specifications of permitted usage including media types, formats, and territories
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Appendix 1 - Image Technical Specifications: Technical details of image files including resolution, format, and delivery specifications
5. Appendix 2 - Attribution Requirements: Specific requirements for crediting the photographer/image owner in different contexts
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