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Commercial Photography License

Commercial Photography License Template for New Zealand

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Key Requirements PROMPT example:

Commercial Photography License

"I need a Commercial Photography License Agreement for exclusive rights to use 50 product photographs across our e-commerce platforms in New Zealand and Australia, starting from January 2025, with the ability to modify images for different product variations."

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Document background
The Commercial Photography License Agreement is essential for businesses operating in New Zealand that need to legally use professional photographs for commercial purposes. This document is particularly relevant in today's digital age where visual content plays a crucial role in marketing, advertising, and brand communication. It ensures compliance with New Zealand's legal framework, particularly the Copyright Act 1994, Fair Trading Act 1986, and Contract and Commercial Law Act 2017. The agreement specifies critical elements such as usage rights, territorial scope, duration, modification rights, and compensation terms. It's designed to protect both the photographer's intellectual property rights and the commercial interests of the business using the photographs, while providing clear guidelines for proper attribution and usage restrictions.
Suggested Sections

1. Parties: Identification of the photographer/copyright owner (Licensor) and the party receiving the license (Licensee)

2. Background: Context of the agreement, including the photographer's ownership of the works and the licensee's intended use

3. Definitions: Key terms used throughout the agreement, including 'Licensed Works', 'Territory', 'Term', 'Usage Rights', etc.

4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license

5. License Fee: Payment terms, including initial fees, royalties if applicable, and payment schedule

6. Usage Rights and Restrictions: Detailed specifications of how the photographs can and cannot be used

7. Attribution and Moral Rights: Requirements for crediting the photographer and protecting their moral rights

8. Warranties and Representations: Guarantees regarding ownership, third-party rights, and quality of the photographs

9. Term and Termination: Duration of the license and circumstances under which it can be terminated

10. General Provisions: Standard clauses including governing law, dispute resolution, and notices

Optional Sections

1. Exclusivity: Terms regarding exclusive licensing rights - include when the license is exclusive

2. Sub-licensing Rights: Terms allowing or prohibiting the licensee to sub-license the photographs - include when sub-licensing is permitted

3. Model and Property Releases: Provisions regarding existing releases - include when photographs contain identifiable people or private property

4. Digital Rights Management: Technical protection measures - include for digital-only licenses

5. Modification Rights: Terms regarding the right to edit or alter photographs - include when modifications are permitted

6. Geographic Restrictions: Specific territorial limitations - include when license is geographically restricted

7. Competition Restrictions: Limitations on use with competing businesses - include when required by the photographer

Suggested Schedules

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

2. Schedule 2 - License Fee Schedule: Detailed breakdown of fees, payment terms, and any royalty calculations

3. Schedule 3 - Technical Specifications: Technical details of the photographs, including format, resolution, and delivery specifications

4. Appendix A - Usage Guidelines: Detailed guidelines for how the photographs may be used, including examples

5. Appendix B - Attribution Requirements: Specific requirements for photographer credit in different usage contexts

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
Licensed Works
Licensed Use
Territory
Term
Commencement Date
Effective Date
License Fee
Intellectual Property Rights
Moral Rights
Commercial Purpose
Modification
Derivative Works
Digital Format
Usage Period
Exclusive Period
Publication
Advertising Materials
Marketing Materials
Social Media
Digital Platforms
Print Media
Attribution Requirements
Model Release
Property Release
Permitted Users
Sub-licensee
Third Party
Business Day
Force Majeure Event
Confidential Information
Usage Rights
Resolution Requirements
File Format
Distribution Channels
Approved Media
Relevant Industries

Media and Entertainment

Advertising

Retail

E-commerce

Publishing

Marketing Services

Digital Media

Professional Services

Creative Arts

Fashion and Apparel

Tourism and Hospitality

Real Estate

Education

Relevant Teams

Legal

Marketing

Creative

Brand Management

Digital

Communications

Procurement

Content Creation

Social Media

Commercial Operations

Relevant Roles

Marketing Manager

Creative Director

Brand Manager

Content Manager

Legal Counsel

Procurement Manager

Digital Marketing Specialist

Art Director

Communications Manager

Brand Compliance Officer

Commercial Manager

Publishing Manager

E-commerce Manager

Social Media Manager

Industries
Copyright Act 1994: Fundamental legislation governing intellectual property rights in photographs, including ownership, duration of copyright, and licensing provisions
Contract and Commercial Law Act 2017: Provides the legal framework for commercial contracts, including formation, interpretation, and enforcement of contractual agreements
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in commercial transactions, including licensing agreements
Privacy Act 2020: Governs the collection, use, and disclosure of personal information, particularly relevant for photographs containing identifiable individuals
Consumer Guarantees Act 1993: Provides statutory guarantees for the supply of goods and services, including photography services and licensing
Commerce Act 1986: Regulates commercial practices and competition law, relevant for licensing terms and restrictions
Electronic Transactions Act 2002: Governs electronic transactions and digital signatures, important for digital delivery and licensing of photographs
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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