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Commercial Photography License Agreement

Commercial Photography License Agreement Template for New Zealand

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Key Requirements PROMPT example:

Commercial Photography License Agreement

"I need a Commercial Photography License Agreement for my e-commerce company to license product photography from a professional photographer, with exclusive worldwide rights for online retail use and social media marketing, including rights to modify images for different platforms."

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The Commercial Photography License Agreement serves as a crucial legal instrument for professional photographers and commercial clients in New Zealand who need to establish clear terms for the commercial use of photographic works. This document is essential when businesses require professional photographs for marketing, advertising, or other commercial purposes, and need to secure proper licensing rights while protecting the photographer's intellectual property. The agreement complies with New Zealand's Copyright Act 1994 and related commercial legislation, covering aspects such as usage rights, territorial scope, duration, attribution requirements, and commercial terms. It's particularly relevant in today's digital age where image licensing and usage rights need careful definition and protection.
Suggested Sections

1. Parties: Identification of the photographer/licensor and the licensee with full legal names and contact details

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

3. Definitions: Key terms used throughout the agreement including 'Licensed Images', 'Territory', 'Term', 'Commercial Use', etc.

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

5. License Fees and Payment Terms: Payment amounts, schedule, and methods for the licensed images

6. Usage Rights and Restrictions: Permitted and prohibited uses of the licensed images

7. Copyright and Attribution: Assertion of photographer's copyright and requirements for image attribution

8. Warranties and Representations: Photographer's warranties regarding ownership and licensee's warranties regarding usage

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Confidentiality: Protection of confidential information shared during the agreement

11. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Model and Property Releases: Include when photographs contain identifiable individuals or private property requiring releases

2. Exclusivity Terms: Add when granting exclusive rights for specific uses or territories

3. Sub-licensing Rights: Include when licensee is permitted to sub-license the images to third parties

4. Digital Rights Management: Add when specific technical protection measures are required

5. Marketing and Promotion: Include when specific terms about how the photographer can use the images for self-promotion are needed

6. Image Modification Rights: Add when allowing or restricting image editing and manipulation

7. Insurance Requirements: Include for high-value commercial licenses requiring specific insurance coverage

Suggested Schedules

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

2. Schedule 2 - License Fees: Comprehensive breakdown of all fees, including usage-based pricing if applicable

3. Schedule 3 - Technical Specifications: Image specifications, file formats, and delivery requirements

4. Appendix A - Usage Guidelines: Detailed guidelines for image usage, including size, placement, and context restrictions

5. Appendix B - Attribution Requirements: Specific requirements for photographer credit and copyright notices

6. Appendix C - Model Releases: Copies of all relevant model and property releases

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
Agreement
Licensed Images
Licensed Rights
Territory
Term
Commercial Use
Exclusive Rights
Non-Exclusive Rights
Intellectual Property Rights
Copyright
Moral Rights
License Fee
Usage Fee
Permitted Uses
Prohibited Uses
Modification Rights
Digital Format
High-Resolution Images
Low-Resolution Images
Web-Resolution Images
Attribution Requirements
Model Release
Property Release
Publication
Reproduction
Distribution
Sub-license
Third Party
Confidential Information
Business Day
Force Majeure Event
Effective Date
Commencement Date
Delivery Date
Image Specifications
Usage Period
Digital Rights
Relevant Industries

Advertising and Marketing

Media and Entertainment

Publishing

Retail

E-commerce

Fashion and Apparel

Real Estate

Tourism and Hospitality

Corporate Services

Digital Media

Food and Beverage

Professional Services

Relevant Teams

Legal

Marketing

Creative

Digital

Communications

Procurement

Brand Management

Content Production

Commercial Operations

Intellectual Property

Relevant Roles

Professional Photographer

Creative Director

Marketing Manager

Legal Counsel

Brand Manager

Content Manager

Art Director

Digital Marketing Manager

Communications Manager

Procurement Manager

Commercial Manager

Copyright Officer

Licensing Manager

Business Development Manager

Production Manager

Industries
Copyright Act 1994: Governs copyright protection, ownership, and licensing of photographic works in New Zealand. Essential for defining the scope of license, duration of rights, and permitted uses of the photographs.
Contract and Commercial Law Act 2017: Provides the legal framework for commercial contracts in New Zealand, including formation, enforcement, and remedies for breach of contract.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade. Relevant for commercial terms and representations made in the licensing agreement.
Privacy Act 2020: Regulates the collection, use, and disclosure of personal information. Important when photographs contain identifiable individuals or when handling client information.
Consumer Guarantees Act 1993: Although primarily for consumer protection, may be relevant if the licensee is a consumer rather than a business, ensuring quality and fitness for purpose of the licensed photographs.
Personal Property Securities Act 1999: May be relevant if the license agreement involves security interests or payment arrangements for the licensed 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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