The Photo Usage Agreement is essential for businesses and individuals in New Zealand who need to legally license or grant permission for the use of photographic works. This document is particularly relevant in today's digital age where image usage across multiple platforms is common. It ensures compliance with New Zealand's Copyright Act 1994, Privacy Act 2020, and other relevant legislation while protecting both the rights holder's intellectual property and the licensee's authorized usage. The agreement typically includes specific terms about usage rights, territorial restrictions, attribution requirements, modification permissions, and payment terms. It's commonly used when licensing photographs for commercial purposes, marketing campaigns, publications, or digital platforms.
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1. Parties: Identifies the photographer/copyright owner and the licensee/user of the photographs
2. Background: Explains the context of the agreement, including the creation/ownership of the photographs and intended usage
3. Definitions: Defines key terms used throughout the agreement including 'Licensed Photos', 'Usage Rights', 'Territory', and 'Term'
4. Grant of Rights: Specifies the exact rights being granted, including usage permissions, territories, and duration
5. Usage Restrictions: Details what the licensee cannot do with the photographs, including prohibited modifications or sublicensing
6. Payment Terms: Outlines the fees, payment schedule, and any recurring charges for photo usage
7. Attribution Requirements: Specifies how the photographer should be credited when photos are used
8. Representations and Warranties: Confirms ownership rights and authority to license the photos
9. Term and Termination: Specifies the duration of the agreement and conditions for termination
10. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Model Releases: Required when photographs contain identifiable individuals, detailing model release obligations and responsibilities
2. Property Releases: Needed when photographs contain private property or trademarked items
3. Digital Rights Management: Specifies technical protection measures for digital photographs
4. Social Media Usage: Details specific terms for social media platforms when social media usage is permitted
5. Exclusive Rights: Used when granting exclusive usage rights to the licensee
6. Geographic Restrictions: Required when usage is limited to specific territories or regions
7. Modification Rights: Details permissions and restrictions for editing or altering the photographs
1. Schedule 1 - Licensed Photographs: Detailed list of all photographs covered by the agreement, including file names, descriptions, and thumbnails
2. Schedule 2 - Usage Specifications: Detailed breakdown of permitted uses, including media types, formats, and dimensions
3. Schedule 3 - Fee Schedule: Comprehensive pricing structure including any usage-based fees or royalties
4. Appendix A - Technical Specifications: Technical requirements for photo files, including format, resolution, and color specifications
5. Appendix B - Attribution Examples: Examples of correct attribution formats for different usage contexts
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Advertising
Publishing
Digital Marketing
E-commerce
Real Estate
Tourism & Hospitality
Fashion & Retail
Education
Corporate Communications
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Communications
Brand Management
Social Media
Publishing
Content Production
Intellectual Property
Relevant Roles
Creative Director
Marketing Manager
Content Manager
Legal Counsel
Professional Photographer
Digital Rights Manager
Brand Manager
Communications Director
Art Director
Publishing Editor
Social Media Manager
Web Content Manager
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