Use Of Likeness Agreement Template for India

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Use Of Likeness Agreement

"I need a Use of Likeness Agreement for a nationwide advertising campaign in India, where we'll be using a celebrity's image and voice for television commercials and billboards from January 2025 to June 2025, with the option to extend for an additional six months."

Document background

The Use of Likeness Agreement serves as a critical legal instrument in India's growing media and digital landscape, where the commercial use of personal images and characteristics has become increasingly prevalent. This document is essential when an individual's likeness is required for commercial, promotional, or public purposes, providing clear parameters for usage while protecting the individual's rights under Indian law. The agreement typically becomes necessary in situations involving advertising campaigns, media productions, educational materials, or digital content creation. It addresses key aspects such as usage scope, territorial rights, compensation, and approval processes, while ensuring compliance with Indian constitutional rights to privacy and personality rights protection. The document is particularly relevant given India's expanding entertainment and digital sectors, where proper documentation of likeness rights has become crucial for both rights holders and commercial entities.

Suggested Sections

1. Parties: Identification of the individual granting rights to their likeness and the party receiving these rights

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms including 'Likeness', 'Usage Rights', 'Territory', 'Term', and other relevant definitions

4. Grant of Rights: Specific rights being granted regarding the use of likeness, including scope and limitations

5. Term and Territory: Duration of the agreement and geographical areas where the likeness may be used

6. Compensation: Payment terms, royalties, or other consideration for the use of likeness

7. Usage Restrictions: Specific limitations on how the likeness may be used, modified, or displayed

8. Approval Rights: Process for approving specific uses of the likeness

9. Representations and Warranties: Statements of fact and guarantees by both parties

10. Indemnification: Protection against claims and liabilities

11. Termination: Conditions and process for ending the agreement

12. General Provisions: Standard contractual clauses including notices, governing law, etc.

Optional Sections

1. Moral Rights: Specific provisions regarding the protection of moral rights, particularly relevant for public figures

2. Digital Rights: Specific provisions for digital/online usage of likeness, including social media

3. Publicity and Promotion: Additional terms regarding promotion and publicity activities

4. Exclusivity: Terms making the agreement exclusive, preventing the grantor from allowing others to use their likeness

5. Creative Control: Detailed provisions about who has control over creative decisions

6. Emergency Termination: Special provisions for immediate termination in case of reputational risk

7. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration

Suggested Schedules

1. Schedule A - Licensed Likeness: Detailed description or copies of specific photographs, recordings, or other forms of likeness covered

2. Schedule B - Approved Uses: Specific list of approved uses, mediums, and contexts for the likeness

3. Schedule C - Compensation Details: Detailed breakdown of payment terms, royalty calculations, and payment schedules

4. Schedule D - Approval Process: Detailed procedures and timeframes for obtaining approval for usage

5. Appendix 1 - Sample Release Form: Template for additional releases that may be needed for specific uses

6. Appendix 2 - Brand Guidelines: Guidelines for how the likeness should be presented, including technical specifications

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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Media & Entertainment

Advertising

Fashion

Education

Sports

Digital Marketing

Publishing

Public Relations

Retail

Non-Profit

Gaming

Social Media

E-commerce

Relevant Teams

Legal

Marketing

Brand Management

Content Creation

Public Relations

Digital Marketing

Compliance

Creative Services

Talent Management

Production

Rights Management

Contract Administration

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Talent Manager

Public Relations Manager

Content Director

Creative Director

Digital Marketing Manager

Compliance Officer

Contract Administrator

Media Rights Manager

Production Manager

Celebrity Manager

Intellectual Property Lawyer

Model Coordinator

Casting Director

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