The Character License Agreement is a crucial legal instrument used when a character owner wishes to permit another party to use their intellectual property for commercial purposes in New Zealand. This document is essential for businesses looking to leverage popular characters for merchandise, content creation, or other commercial applications. It protects both parties by clearly defining usage rights, quality standards, and commercial terms. The agreement must comply with New Zealand's legal framework, particularly intellectual property and contract law. It typically includes detailed specifications about character usage, territorial rights, royalty structures, and quality control measures. This type of agreement is commonly used in the entertainment, merchandising, and retail industries, where character licensing forms a significant part of business strategy and revenue generation.
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1. Parties: Identifies the licensor (character owner) and licensee with their full legal details
2. Background: Establishes the ownership of the character and context of the licensing arrangement
3. Definitions: Defines key terms including the Character, Licensed Products, Territory, and Term
4. Grant of License: Specifies the scope of rights granted, including territory, exclusivity, and permitted uses
5. Term and Renewal: Details the duration of the agreement and any renewal options
6. License Fees and Royalties: Specifies all financial terms, including upfront fees, royalties, and payment terms
7. Quality Control: Sets standards for character usage and approval processes for Licensed Products
8. Intellectual Property Protection: Addresses trademark registration, copyright protection, and enforcement rights
9. Licensee Obligations: Details specific responsibilities of the licensee regarding character use
10. Confidentiality: Protects confidential information exchanged during the agreement
11. Termination: Specifies grounds for termination and post-termination obligations
12. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures
1. Sublicensing Rights: Include when licensee is permitted to sublicense the character to third parties
2. Minimum Performance Requirements: Include when setting specific sales or revenue targets for the licensee
3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
4. Manufacturing Standards: Include when licensed products will be manufactured
5. Digital Rights: Include when digital or online usage of the character is contemplated
6. Moral Rights: Include when moral rights protection is specifically required
7. Competition Restrictions: Include when restricting licensee's involvement with competing characters
1. Character Specifications: Detailed description and visual representation of the licensed character
2. Licensed Products: List of approved products/services for which the character can be used
3. Style Guide: Guidelines for character usage, including color schemes and proportions
4. Territory Definition: Detailed description of geographic territories covered by the license
5. Royalty Calculations: Detailed methodology for calculating royalties
6. Approval Procedures: Step-by-step process for obtaining approval for character usage
7. Quality Standards: Specific quality requirements for licensed products
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Media
Publishing
Retail
Merchandising
Manufacturing
Gaming
Toys and Games
Fashion and Apparel
Consumer Goods
Digital Content
Education
Relevant Teams
Legal
Commercial
Licensing
Brand Management
Product Development
Creative
Marketing
Business Development
Compliance
Merchandising
Retail Operations
Relevant Roles
Licensing Manager
Legal Counsel
Commercial Director
Brand Manager
Intellectual Property Lawyer
Creative Director
Business Development Manager
Merchandising Manager
Product Development Manager
Compliance Officer
Contract Administrator
Marketing Director
Retail Operations Manager
Content Manager
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