Use Of Likeness Agreement Template for New Zealand

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Key Requirements PROMPT example:

Use Of Likeness Agreement

"I need a Use of Likeness Agreement for our upcoming nationwide advertising campaign where we'll be using a professional athlete's image and voice across multiple platforms including TV, social media, and billboards from January 2025 to December 2025, with provisions for international usage rights."

Document background

The Use of Likeness Agreement is essential in today's media-rich business environment where personal images and likenesses are frequently used for commercial purposes. This document type is particularly relevant in New Zealand, where it must comply with the Privacy Act 2020, Fair Trading Act 1986, and other relevant legislation. The agreement is typically used when organizations need to legally secure rights to use an individual's image, voice, or other personal characteristics for marketing, advertising, educational, or commercial purposes. It encompasses crucial details such as usage rights, compensation, approval processes, and termination conditions, while ensuring compliance with New Zealand's privacy and commercial laws. The document serves as a protective mechanism for both the individual granting rights and the organization utilizing the likeness, establishing clear boundaries and expectations for all parties involved.

Suggested Sections

1. Parties: Identifies and provides full details of the rights holder (person whose likeness is being used) and the party seeking to use the likeness

2. Background: Explains the context and purpose of the agreement, including the nature of the likeness use

3. Definitions: Defines key terms including 'Likeness', 'Content', 'Territory', 'Term', and other relevant terminology

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

5. Permitted Uses: Details the specific ways in which the likeness may be used, including mediums and contexts

6. Term and Territory: Specifies the duration of the agreement and the geographic regions where the likeness may be used

7. Compensation: Details the payment terms, including any royalties or one-time fees

8. Approval Rights: Outlines any approval processes required before the likeness is used in specific contexts

9. Representations and Warranties: Contains statements of fact and promises made by both parties

10. Protection of Likeness: Specifies how the party using the likeness must protect and maintain its integrity

11. Termination: Details circumstances under which the agreement can be terminated and the consequences

12. General Provisions: Standard contract clauses including governing law, notices, and entire agreement

Optional Sections

1. Digital Manipulation: Specific terms regarding digital alteration or manipulation of the likeness, including AI-generated content

2. Social Media Usage: Specific terms for social media platforms and digital marketing

3. Moral Rights: Addresses the treatment of moral rights, particularly relevant for creative or artistic uses

4. Exclusivity: Terms regarding exclusive use rights, if applicable

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

6. Talent Agency Provisions: Required when talent agencies are involved in the agreement

7. Third Party Rights: Provisions regarding sublicensing or transfer of rights to third parties

8. International Usage: Additional terms for international use of the likeness

Suggested Schedules

1. Schedule 1 - Approved Likeness Materials: Specific photographs, recordings, or other materials covered by the agreement

2. Schedule 2 - Approved Usage Contexts: Detailed list of approved contexts and mediums for likeness use

3. Schedule 3 - Compensation Structure: Detailed breakdown of payments, royalties, and other financial terms

4. Schedule 4 - Approval Process: Step-by-step process for obtaining approval for new uses

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

6. Appendix B - Quality Control Guidelines: Standards for maintaining the quality and integrity of likeness 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Media & Entertainment

Advertising & Marketing

Public Relations

Fashion & Modeling

Sports & Athletics

Education

Retail

Digital & Social Media

Publishing

Film & Television

Gaming & Interactive Entertainment

Professional Services

Relevant Teams

Legal

Compliance

Marketing

Creative

Digital

Brand Management

Public Relations

Content Production

Social Media

Rights Management

Talent Management

Relevant Roles

Legal Counsel

Privacy Officer

Marketing Manager

Content Manager

Brand Manager

Talent Manager

Creative Director

Public Relations Manager

Digital Marketing Specialist

Social Media Manager

Compliance Officer

Commercial Manager

Photography Director

Production Manager

Casting Director

Model Agent

Rights Management Specialist

Entertainment Lawyer

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