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Image Rights Contract

Image Rights Contract Template for New Zealand

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Key Requirements PROMPT example:

Image Rights Contract

"I need an Image Rights Contract for a professional photographer who will be shooting our company's product catalog in March 2025, covering exclusive usage rights for both print and digital platforms, with the ability to modify images for marketing purposes."

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Document background
The Image Rights Contract serves as a crucial legal instrument in New Zealand's commercial and creative industries, establishing clear parameters for the use and monetization of visual content. This document is essential when individuals, organizations, or businesses seek to formalize arrangements for using, licensing, or commercializing photographs, images, or likenesses. The contract ensures compliance with New Zealand's legal framework, particularly the Copyright Act 1994 and Privacy Act 2020, while addressing modern digital usage requirements. It's commonly used in situations involving professional photography, celebrity endorsements, advertising campaigns, and digital content creation, providing comprehensive coverage of usage rights, territorial scope, compensation terms, and approval processes. The Image Rights Contract helps prevent unauthorized use of images and protects both the rights holder and the licensee through clear terms and conditions.
Suggested Sections

1. Parties: Identification of the rights holder (image subject/photographer) and the licensee

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

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

4. Grant of Rights: Specific image rights being licensed and their scope

5. Term and Territory: Duration of the agreement and geographical areas where rights can be exercised

6. Payment and Consideration: Compensation terms, payment schedule, and any royalty arrangements

7. Usage Rights and Restrictions: Specific permitted uses and limitations on image usage

8. Approvals Process: Procedures for approval of image use and any modifications

9. Warranties and Representations: Guarantees by both parties regarding rights, authority, and obligations

10. Termination: Conditions and process for ending the agreement

11. General Provisions: Standard contract clauses including governing law, notices, and assignment

Optional Sections

1. Exclusivity: Terms of exclusive rights, if applicable

2. Digital Rights and Social Media: Specific provisions for online and social media usage

3. Moral Rights: Recognition and protection of moral rights, particularly relevant for photographers

4. International Usage: Additional terms for international territories and jurisdictions

5. Merchandising Rights: Specific terms for merchandise creation and sales

6. Retouching and Editing Rights: Terms regarding image modification and editing permissions

7. Sub-licensing: Terms allowing or prohibiting sub-licensing of images to third parties

8. Crisis Management: Procedures in case of negative publicity or image misuse

Suggested Schedules

1. Schedule 1 - Image Specifications: Detailed list and descriptions of all images covered by the agreement

2. Schedule 2 - Approved Usage Contexts: Specific contexts and mediums where images can be used

3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, royalties, and payment timelines

4. Schedule 4 - Approval Requirements: Specific requirements and timeframes for usage approvals

5. Schedule 5 - Technical Specifications: Technical requirements for image reproduction and usage

6. Appendix A - Sample Approval Form: Template for seeking approval for specific image uses

7. Appendix B - Brand Guidelines: Guidelines for maintaining brand consistency in image usage

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
Image Rights
Licensed Images
Territory
Term
Effective Date
Rights Holder
Licensee
Approved Purpose
Commercial Use
Editorial Use
Digital Platforms
Social Media
Modification Rights
Publicity Rights
Moral Rights
Intellectual Property Rights
Usage Fee
Royalties
Approval Process
Permitted Uses
Restricted Uses
Exclusivity Period
Usage Period
Release Date
Distribution Channels
Marketing Materials
Promotional Materials
Digital Assets
Derivative Works
Image Specifications
Technical Requirements
Approving Party
Brand Guidelines
Quality Standards
Force Majeure
Confidential Information
Net Revenue
Gross Revenue
Working Day
Commencement Date
Payment Terms
Clauses
Grant of Rights
License Terms
Territory and Duration
Usage Rights
Exclusivity
Payment and Royalties
Approvals
Quality Control
Moral Rights
Intellectual Property
Confidentiality
Warranties and Representations
Indemnification
Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Digital Rights
Social Media Usage
Publicity
Sub-licensing
Modification Rights
Credit and Attribution
Audit Rights
Insurance
Data Protection
Moral Rights Waiver
Release Rights
Relevant Industries

Entertainment

Media

Advertising

Fashion

Sports

Digital Marketing

Publishing

E-commerce

Public Relations

Photography

Social Media

Retail

Relevant Teams

Legal

Marketing

Creative

Digital

Brand Management

Public Relations

Social Media

Content Creation

Compliance

Commercial Operations

Relevant Roles

Legal Counsel

Brand Manager

Marketing Director

Content Manager

Creative Director

Photographer

Model

Talent Manager

Digital Rights Manager

Licensing Manager

Social Media Manager

Public Relations Manager

Art Director

Commercial Director

Compliance Officer

Industries
Copyright Act 1994: Primary legislation governing copyright protection in New Zealand, including rights over photographs, digital images, and artistic works. Essential for defining ownership and usage rights of images.
Privacy Act 2020: Regulates the collection, use, and disclosure of personal information, including photographs and images of individuals. Crucial for ensuring proper consent and usage of personal images.
Fair Trading Act 1986: Ensures fair trading practices in commercial transactions, including the commercial use of images and preventing misleading representations in image usage.
Contract and Commercial Law Act 2017: Provides the fundamental legal framework for contract formation and enforcement, essential for structuring the image rights agreement.
Consumer Guarantees Act 1993: Relevant when images are used in consumer contexts, ensuring proper representation and usage in commercial applications.
Defamation Act 1992: Important for considering how images may be used and preventing defamatory use of an individual's image.
Human Rights Act 1993: Ensures that image usage does not discriminate or violate human rights, particularly relevant for commercial image usage.
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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