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Photo Licensing Agreement

Photo Licensing Agreement Template for Denmark

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Photo Licensing Agreement

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Document background
The Photo Licensing Agreement is a crucial legal instrument used when a photographer or rights holder grants permission to another party to use photographic works under specific conditions. This document is particularly relevant in the Danish legal context, where it must comply with the Danish Copyright Act (Ophavsretsloven) and related legislation. The agreement typically covers essential elements such as the scope of licensed rights, territorial limitations, duration, payment terms, attribution requirements, and usage restrictions. It's commonly used in commercial transactions, media publishing, advertising, and digital content distribution, providing clear guidelines for both licensors and licensees while protecting the photographer's intellectual property rights under Danish law.
Suggested Sections

1. Parties: Identification of the licensor (photographer/copyright owner) and licensee with full legal details

2. Background: Context of the agreement and brief description of the photographs being licensed

3. Definitions: Key terms used throughout the agreement including 'Licensed Photos', 'Territory', 'License Period', etc.

4. Grant of License: Scope of the license, including permitted uses and any restrictions

5. License Fee and Payment Terms: Financial terms, payment schedule, and any royalty arrangements

6. Duration and Renewal: Term of the license and any renewal provisions

7. Usage Requirements: Requirements for photo credits, watermarks, and technical specifications

8. Intellectual Property Rights: Confirmation of ownership and protection of rights

9. Warranties and Representations: Licensor's warranties regarding ownership and right to license

10. Termination: Circumstances allowing termination and consequences

11. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Exclusivity Provisions: Required when the license is exclusive, defining scope of exclusivity

2. Sublicensing Rights: Include when licensee is permitted to sublicense the photographs

3. Moral Rights: Specific provisions regarding attribution and integrity rights

4. Model Releases: Required when photographs contain identifiable individuals

5. Territory Restrictions: Specific provisions for territory-limited licenses

6. Digital Rights Management: Technical requirements for digital distribution

7. Modification Rights: Terms regarding permitted alterations to the photographs

8. Audit Rights: Include for revenue-sharing or usage-based payment models

Suggested Schedules

1. Schedule A - Licensed Photographs: Detailed list and description of all photographs covered by the license

2. Schedule B - License Fee Schedule: Detailed breakdown of fees, including any usage-based calculations

3. Schedule C - Technical Specifications: Technical requirements for photo format, resolution, and delivery

4. Schedule D - Usage Guidelines: Specific requirements for how photos may be used, including credit requirements

5. Appendix 1 - Model Releases: Copies of model releases for photographs containing identifiable individuals

6. Appendix 2 - Property Releases: Copies of property releases for photographs of private property

Authors

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Relevant legal definitions
Agreement
Licensed Photographs
Licensed Rights
License Fee
License Period
Territory
Permitted Use
Intellectual Property Rights
Moral Rights
Modifications
Publication
Reproduction
Digital Format
High-Resolution Version
Low-Resolution Version
Watermark
Credit Line
Commercial Purpose
Editorial Purpose
Exclusive Period
Effective Date
Force Majeure Event
Model Release
Property Release
Usage Report
Confidential Information
Derivative Works
Digital Platform
Distribution Channels
Metadata
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Copyright Act (Ophavsretsloven): Primary legislation governing copyright protection of photographs, including moral and economic rights of photographers, duration of protection, and licensing provisions
Danish Contracts Act (Aftaleloven): Regulates formation and validity of contracts, including licensing agreements, terms and conditions, and contractual obligations
Danish Marketing Practices Act (Markedsføringsloven): Governs commercial practices and usage of photographs in marketing, including rules about fair competition and misleading advertising
Danish Act on Processing of Personal Data (Databeskyttelsesloven): Implementation of GDPR in Danish law, relevant if photographs contain identifiable individuals
Danish Competition Act (Konkurrenceloven): Relevant for territorial restrictions and exclusive licensing arrangements that might affect competition
Danish Sale of Goods Act (Købeloven): May apply to digital content delivery aspects of the photo licensing
E-Commerce Act (E-handelsloven): Applicable if the licensing agreement is concluded electronically or online
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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