The Use of Likeness Agreement is essential for any situation where an organization or individual seeks to legally use someone's image, likeness, or identifying characteristics in the Netherlands. This document is particularly crucial given the strict Dutch portrait rights regime under the Auteurswet and GDPR compliance requirements. It's commonly used in advertising, media production, corporate communications, and educational contexts. The agreement covers key aspects such as usage rights, territorial scope, duration, compensation, and data protection measures. It's designed to protect both the rights holder's interests and the user's commercial needs while ensuring compliance with Dutch privacy laws and portrait rights regulations. The document typically includes detailed specifications about permitted uses, any restrictions on digital manipulation, and clear procedures for approval and withdrawal of consent.
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1. Parties: Identification of the rights holder (subject) and the party seeking to use the likeness
2. Background: Context of the agreement and general purpose of the likeness use
3. Definitions: Key terms including 'Likeness', 'Licensed Materials', 'Territory', 'Term', and 'Permitted Uses'
4. Grant of Rights: Specific permissions granted for the use of likeness, including scope and limitations
5. Term and Territory: Duration of the agreement and geographical scope of permitted use
6. Compensation: Payment terms and any royalty arrangements
7. Usage Rights and Restrictions: Detailed specifications of how the likeness may and may not be used
8. GDPR Compliance: Data protection provisions and consent for personal data processing
9. Moral Rights and Attribution: Requirements for crediting and protecting the subject's reputation
10. Representations and Warranties: Statements of fact and guarantees from both parties
11. Termination: Circumstances and procedures for ending the agreement
12. Governing Law and Jurisdiction: Confirmation of Dutch law application and dispute resolution procedures
1. Minor Subject Provisions: Additional protections and parental consent requirements when the subject is under 18
2. Group Appearance Rights: Special provisions for when the subject appears as part of a group
3. Digital Manipulation: Specific terms regarding digital alteration or enhancement of the likeness
4. Exclusivity: Terms making the agreement exclusive, preventing the subject from granting similar rights to others
5. Promotional Rights: Additional rights for using the likeness in promotional materials
6. Social Media Usage: Specific terms for social media platforms and digital content
7. Emergency Withdrawal: Provisions for quickly withdrawing likeness use in case of reputation damage or emergency
1. Schedule A - Licensed Materials: Detailed list and copies of specific photographs, videos, or other materials covered by the agreement
2. Schedule B - Permitted Uses: Comprehensive list of specific approved uses, including media types and contexts
3. Schedule C - Territory List: Detailed list of countries or regions where usage is permitted
4. Schedule D - Compensation Schedule: Detailed breakdown of payments, royalties, and payment schedules
5. Schedule E - Style Guide: Guidelines for how the likeness may be presented, including any specific requirements for presentation
6. Appendix 1 - GDPR Privacy Notice: Detailed privacy notice compliant with GDPR requirements
7. Appendix 2 - Approval Process: Procedures for obtaining approval for specific uses of the likeness
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