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Media Waiver

Media Waiver Template for Switzerland

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Key Requirements PROMPT example:

Media Waiver

"I need a Media Waiver for our upcoming international tech conference in March 2025, covering photography and video recording of attendees, with rights to use the content globally for marketing purposes and social media for 2 years."

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Document background
The Media Waiver is essential in Switzerland's privacy-conscious legal environment, where individual personality rights are strongly protected under Article 28 of the Swiss Civil Code. This document is typically used when organizations need to create, publish, or distribute content featuring individuals, whether for commercial, educational, or promotional purposes. The Media Waiver provides a clear framework for obtaining necessary permissions while ensuring compliance with Swiss data protection laws and personality rights. It includes specific provisions for content usage, territorial scope, duration, and data processing consents, making it particularly important for businesses operating in Switzerland or dealing with Swiss subjects. The document helps organizations manage legal risks while respecting individual rights in media production and distribution.
Suggested Sections

1. Parties: Identification of the person(s) granting the waiver and the party receiving the rights

2. Background: Context of the media creation and intended use

3. Definitions: Definition of key terms including 'Media Content', 'Usage Rights', 'Territory', and 'Term'

4. Grant of Rights: Explicit description of the rights being waived and granted, including image rights, voice rights, and publicity rights

5. Scope of Use: Detailed specification of permitted uses of the media content, including platforms, territories, and duration

6. Representations and Warranties: Grantor's confirmation of their right to grant the waiver and understanding of its implications

7. Data Protection Acknowledgment: Specific acknowledgment of data protection rights and consent to data processing under Swiss law

8. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Compensation: Terms of payment or consideration, if the waiver is granted for compensation

2. Revocation Rights: Conditions under which the grantor may revoke the waiver, if applicable

3. Minor Protection Provisions: Additional provisions required when the subject is a minor, including parental consent

4. Moral Rights: Specific provisions regarding moral rights in creative works, if the subject has contributed creative elements

5. Third Party Rights: Provisions regarding other individuals who may appear in the media content

6. Confidentiality: Confidentiality obligations regarding the production or behind-the-scenes information

7. Insurance and Indemnification: Required for high-risk or professional media productions

Suggested Schedules

1. Schedule 1 - Description of Media Content: Detailed description or list of specific photographs, videos, or other media covered by the waiver

2. Schedule 2 - Approved Uses: Specific list of approved uses, platforms, and contexts for the media content

3. Schedule 3 - Territory and Term Details: Detailed breakdown of geographical territories and time periods for different types of usage

4. Appendix A - Consent Form: Additional consent forms required under Swiss law, particularly for specific types of data processing

5. Appendix B - Project Details: Specific details about the project or context in which the media is being created and used

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Effective Date
Media Content
Image Rights
Likeness
Personal Attributes
Territory
Term
Usage Rights
Permitted Uses
Publication Platforms
Distribution Channels
Personal Data
Processing
Consent
Commercial Purpose
Editorial Purpose
Promotional Materials
Derivative Works
Intellectual Property Rights
Moral Rights
Personality Rights
Privacy Rights
Data Protection Laws
Compensation
Force Majeure
Confidential Information
Associated Materials
Project
Production
Recording
Digital Media
Social Media
Advertising Materials
Marketing Materials
Third Party
Affiliates
Authorized Representatives
Revocation Notice
Governing Law
Relevant Industries

Media & Entertainment

Advertising & Marketing

Education

Events & Hospitality

Sports & Recreation

Corporate Communications

Public Relations

Fashion & Modeling

Broadcasting

Digital Media

Social Media

Non-Profit Organizations

Healthcare

Professional Services

Relevant Teams

Legal

Marketing

Communications

Public Relations

Human Resources

Content Production

Social Media

Compliance

Creative Services

Brand Management

Digital Media

Events Management

Relevant Roles

Legal Counsel

Marketing Manager

Content Producer

Communications Director

Privacy Officer

Media Relations Manager

Event Coordinator

HR Manager

Creative Director

Social Media Manager

Compliance Officer

Project Manager

Production Manager

Brand Manager

Public Relations Director

Industries
Swiss Civil Code (ZGB) Art. 28: Provisions on personality rights and protection against infringement, including image rights and privacy protection
Federal Act on Data Protection (FADP/DSG): Regulates the processing of personal data, including image and media content featuring identifiable individuals
Federal Act on Copyright and Related Rights (CopA): Governs copyright protection and usage rights for creative works, including photographs and audiovisual content
Swiss Code of Obligations (OR) Art. 1-40: General provisions on contract formation, validity, and enforcement applicable to waiver agreements
Swiss Federal Constitution Art. 13: Constitutional right to privacy and protection against misuse of personal data
Swiss Federal Constitution Art. 16: Freedom of expression and information, which must be balanced against privacy rights in media contexts
Swiss Criminal Code Art. 179: Provisions regarding unauthorized recording and photography of persons
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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