Use Of Name And Likeness Agreement Generator for Germany

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Key Requirements PROMPT example:

Use Of Name And Likeness Agreement

"I need a Use of Name and Likeness Agreement for a German professional athlete who will be featured in our company's social media campaigns and digital marketing materials throughout 2025, with the right to use their image across all EU countries."

Document background
The Use Of Name And Likeness Agreement is essential when a company or organization wishes to legally utilize an individual's personal attributes for commercial, promotional, or public purposes under German law. This document is particularly crucial given Germany's robust protection of personality rights through the Art Copyright Act (KUG), Civil Code (BGB), and GDPR requirements. It should be used whenever there's a need to document consent for using someone's image, name, or likeness in advertising, marketing materials, merchandise, or media content. The agreement includes specific provisions for approval rights, usage limitations, and data protection measures, ensuring compliance with German legal requirements while protecting both the rights holder's and licensee's interests. It's commonly used in entertainment, sports, advertising, and media industries where personal image rights are frequently commercialized.
Suggested Sections

1. Parties: Identification of the rights holder (person whose name and likeness is being licensed) and the licensee, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms including 'Name', 'Likeness', 'Territory', 'Term', 'Licensed Materials', and 'Permitted Uses'

4. Grant of Rights: Specific rights being granted regarding the use of name and likeness, including scope and limitations in accordance with KUG requirements

5. Term and Territory: Duration of the agreement and geographical scope of permitted usage

6. Permitted Uses: Detailed description of how the name and likeness may be used, including specific media types and contexts

7. Approval Rights: Process for submitting and obtaining approval for specific uses of name and likeness

8. Compensation: Payment terms, including any royalties or flat fees

9. Data Protection and Privacy: GDPR compliance measures and data handling requirements

10. Representations and Warranties: Statements regarding ownership of rights and authority to enter agreement

11. Termination: Conditions and process for ending the agreement

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

Optional Sections

1. Moral Rights: Additional protection of moral rights under German law, used when the likeness will be significantly altered or modified

2. Social Media Rights: Specific provisions for social media usage, needed when digital platforms are a key usage channel

3. Exclusivity: Terms regarding exclusive use rights, included when exclusive rights are being granted

4. Usage in Merchandise: Specific terms for merchandising rights, needed when commercial products are involved

5. Third Party Rights: Provisions for sublicensing or transfer of rights, used when third-party usage is anticipated

6. Crisis Management: Procedures for handling negative publicity or controversial situations, important for high-profile individuals

7. Post-Termination Rights: Detailed provisions for usage rights after agreement termination, important for long-term campaigns

Suggested Schedules

1. Schedule 1: Licensed Materials: Specific photographs, images, or recordings covered by the agreement

2. Schedule 2: Approved Uses: Detailed list of pre-approved usage scenarios and contexts

3. Schedule 3: Compensation Schedule: Detailed breakdown of payment terms, royalty rates, and payment schedules

4. Schedule 4: Approval Guidelines: Specific criteria and processes for approval of new uses

5. Appendix A: Style Guide: Guidelines for how the name and likeness should be presented

6. Appendix B: Data Processing Agreement: GDPR-compliant data processing terms and conditions

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

Relevant legal definitions
Clauses
Relevant Industries

Entertainment

Sports

Media and Broadcasting

Advertising and Marketing

Fashion and Modeling

Gaming and Interactive Entertainment

Social Media and Digital Content

Public Relations

Publishing

Retail and Consumer Goods

Relevant Teams

Legal

Marketing

Public Relations

Brand Management

Digital Content

Sponsorship

Licensing

Compliance

Talent Management

Commercial

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Talent Manager

Rights Management Specialist

Commercial Director

PR Manager

Digital Content Manager

Sponsorship Manager

Licensing Manager

Compliance Officer

Entertainment Lawyer

Sports Agent

Media Rights Manager

Celebrity Relations Manager

Industries
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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