The Image Rights Agreement serves as a crucial legal instrument in New Zealand's commercial and creative sectors, establishing clear parameters for the use, distribution, and monetization of visual content. This document becomes necessary when there's a need to transfer or license image rights between parties, whether for commercial advertising, publishing, digital platforms, or other professional uses. It encompasses essential elements required under New Zealand law, including copyright provisions, privacy considerations, and fair trading requirements. The agreement is particularly relevant in today's digital age where image usage spans multiple platforms and territories, requiring careful consideration of rights management and compliance with New Zealand's legal framework.
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1. Parties: Identifies and provides details of all parties to the agreement, including the rights holder and the licensee
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Grant of Rights: Specifies the exact rights being granted, including scope, territory, and duration
5. Usage Terms: Details how the images can be used, including permitted mediums and contexts
6. Compensation: Outlines the payment terms, including fees, royalties, and payment schedule
7. Ownership and Copyright: Confirms the original ownership and copyright status of the images
8. Representations and Warranties: Statements of fact and promises made by both parties
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. Confidentiality: Obligations regarding confidential information
11. General Provisions: Standard contractual clauses including governing law, notices, and assignment
1. Exclusivity: Used when the rights holder grants exclusive rights to the licensee for specific uses or territories
2. Moral Rights: Included when addressing the creator's moral rights, particularly relevant for artistic works
3. Digital Rights Management: Added when specific technical protection measures are required for digital use
4. Promotional Rights: Included when specific promotional or marketing rights are being granted
5. International Usage: Added when images will be used across multiple jurisdictions
6. Social Media Rights: Used when specific social media usage terms need to be defined
7. Alterations and Editing: Included when the agreement needs to specify permitted modifications to the images
8. Credit and Attribution: Added when specific crediting requirements are necessary
1. Schedule 1: Licensed Images: Detailed list and descriptions of all images covered by the agreement
2. Schedule 2: Usage Parameters: Specific details about permitted uses, territories, and time periods for each image
3. Schedule 3: Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Schedule 4: Technical Specifications: Technical requirements for image reproduction and usage
5. Appendix A: Image Release Forms: Copies of model releases or property releases associated with the images
6. Appendix B: Style Guide: Guidelines for how the images should be presented or modified, if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Advertising & Marketing
Publishing
Digital Technology
Fashion & Beauty
Sports & Recreation
Arts & Culture
Retail
Education
Tourism & Hospitality
Professional Services
E-commerce
Relevant Teams
Legal
Marketing
Creative
Digital Content
Brand Management
Communications
Publishing
Licensing
Content Operations
Rights Management
Contract Administration
Relevant Roles
Legal Counsel
Content Manager
Marketing Director
Brand Manager
Creative Director
Photographer
Digital Rights Manager
Licensing Manager
Talent Manager
Communications Manager
Art Director
Publishing Manager
Media Rights Coordinator
Contract Administrator
Intellectual Property Specialist
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