Photo Usage Agreement Template for Malaysia

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Key Requirements PROMPT example:

Photo Usage Agreement

"I need a Photo Usage Agreement for my fashion photography business to license 50 editorial photos to a Malaysian lifestyle magazine for their March 2025 issue, with exclusive rights for print and digital use in Malaysia for 6 months."

Document background
The Photo Usage Agreement serves as a essential legal instrument for establishing clear terms and conditions regarding the use of photographic works in Malaysia. This document is crucial when photographers, photography studios, or copyright owners wish to grant specific usage rights to individuals or organizations while protecting their intellectual property rights. It encompasses key elements such as usage scope, territorial restrictions, duration, modification rights, and attribution requirements, all aligned with Malaysian legislation including the Copyright Act 1987 and Personal Data Protection Act 2010. The agreement is particularly relevant for commercial usage, digital publishing, advertising, and marketing purposes, providing necessary legal protection and clarity for all parties involved in photo licensing transactions.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - the photographer/copyright owner and the user/licensee

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Rights: Specifies the type of license being granted and the scope of permitted usage

5. Usage Restrictions: Details what the licensee cannot do with the photographs

6. Territory and Duration: Specifies where and for how long the photos can be used

7. Attribution and Credit: Requirements for crediting the photographer

8. Warranties and Representations: Confirms ownership of photos and right to license

9. Termination: Conditions under which the agreement can be terminated

10. General Provisions: Standard contractual clauses including governing law, notices, and entire agreement

Optional Sections

1. Payment Terms: Required for commercial licenses - details fees, payment schedule, and any royalties

2. Exclusivity: Used when granting exclusive rights to the licensee

3. Modification Rights: Specifies if and how photos can be modified, edited, or manipulated

4. Sub-licensing Rights: Included when licensee is permitted to sub-license the photos to third parties

5. Model Releases: Required when photos contain identifiable individuals

6. Insurance Requirements: Needed for commercial uses requiring specific insurance coverage

7. Dispute Resolution: Alternative dispute resolution procedures if desired by parties

Suggested Schedules

1. Schedule 1 - Licensed Photographs: Detailed list of all photographs covered by the agreement, including file names, descriptions, and thumbnails

2. Schedule 2 - Permitted Uses: Specific details of authorized uses, including media types, formats, and contexts

3. Schedule 3 - Fee Schedule: Breakdown of all applicable fees, royalties, and payment terms

4. Appendix A - Technical Specifications: Technical requirements for photo usage, including resolution, file formats, and quality parameters

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

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 Industries

Media & Entertainment

Advertising

Publishing

Marketing & Communications

Digital Media

E-commerce

Real Estate

Tourism & Hospitality

Fashion & Retail

Education

Corporate Services

News & Journalism

Relevant Teams

Legal

Marketing

Creative

Digital

Communications

Content

Brand Management

Social Media

Editorial

Rights Management

Procurement

Relevant Roles

Photographer

Creative Director

Marketing Manager

Content Manager

Digital Media Manager

Publishing Manager

Legal Counsel

Brand Manager

Art Director

Communications Manager

Licensing Manager

Rights Management Specialist

Content Acquisition Manager

Editorial Director

Social Media 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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