A Photography License Agreement is essential when a photographer or photography studio grants rights to use their photographic works to another party. This agreement, structured under Austrian law, specifically addresses the requirements of the Austrian Copyright Act (Urheberrechtsgesetz) and related legislation. It is used to establish clear parameters for the licensed use of photographs, including permitted uses, territorial scope, duration, and compensation. The document is crucial for protecting both the photographer's intellectual property rights and the licensee's authorized usage rights. It should be used whenever photographic works are being licensed for commercial, editorial, or personal use, and must include specific provisions required by Austrian law regarding moral rights, attribution, and any modifications to the works. The agreement also ensures compliance with EU regulations, particularly regarding data protection and digital rights management.
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1. Parties: Identification of the photographer (licensor) and the client (licensee)
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including 'Licensed Images', 'Territory', 'Term', etc.
4. Grant of License: Scope of the license, including permitted uses and restrictions
5. License Fee: Payment terms, amounts, and schedule
6. Duration and Territory: Time period and geographical scope of the license
7. Copyright and Attribution: Confirmation of photographer's copyright ownership and attribution requirements
8. Delivery and Technical Specifications: Format, resolution, and delivery method of licensed images
9. Warranties and Representations: Photographer's warranties regarding ownership and third-party rights
10. Limitation of Liability: Limits on liability and indemnification provisions
11. Termination: Conditions for termination and consequences
12. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Model Releases: Required when photographs include identifiable individuals, addressing consent and usage rights
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the images to third parties
3. Exclusivity Provisions: Used when granting exclusive rights to the licensee
4. Modification Rights: Specifies whether and how the licensee may modify or edit the images
5. Commercial Use Terms: Specific provisions for commercial usage, including advertising restrictions
6. Quality Control: Requirements for maintaining image quality in various uses
7. Social Media Usage: Specific terms for social media platforms and digital usage
8. Royalty Provisions: Include for revenue-sharing or royalty-based payment structures
1. Schedule A - Licensed Images: Detailed list and description of all photographs covered by the license
2. Schedule B - Fee Schedule: Detailed breakdown of licensing fees and payment terms
3. Schedule C - Technical Specifications: Detailed technical requirements for image delivery and usage
4. Appendix 1 - Model Releases: Copies of all relevant model release forms
5. Appendix 2 - Usage Examples: Examples of permitted and prohibited uses of the licensed images
6. Appendix 3 - Attribution Requirements: Specific format and placement requirements for photographer attribution
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