The Non-Exclusive Photo License Agreement is essential for businesses and individuals seeking to legally use photographic works while ensuring the original creator retains their copyright. This document, governed by Swiss law, is particularly relevant in today's digital age where image licensing has become increasingly important across various industries. It should be used whenever photographs need to be licensed for commercial or editorial use without requiring exclusive rights. The agreement covers crucial elements such as permitted usage, territorial scope, duration, fee structure, and attribution requirements, while ensuring compliance with Swiss copyright law, data protection regulations, and the Swiss Code of Obligations. It's designed to protect both the licensor's intellectual property rights and the licensee's commercial interests while providing clear guidelines for the licensed use of photographic works.
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1. Parties: Identification of the licensor (photographer/copyright owner) and licensee, including full legal names and addresses
2. Background: Context of the agreement, including confirmation of copyright ownership and brief description of the photographs to be licensed
3. Definitions: Key terms used throughout the agreement, including 'Licensed Photos', 'Territory', 'Term', 'Licensed Use', etc.
4. Grant of License: Specific rights being granted, clearly stating the non-exclusive nature of the license
5. Scope of License: Detailed description of permitted uses, restrictions, and limitations of the license
6. Territory and Duration: Geographic area where license applies and time period of the license
7. License Fee: Payment terms, including amount, payment schedule, and any royalty arrangements
8. Delivery and Format: Specifications for how the licensed photographs will be delivered and in what format
9. Copyright Notice and Attribution: Requirements for displaying copyright notices and photographer attribution
10. Warranties and Representations: Licensor's warranties regarding ownership and licensee's obligations regarding usage
11. Termination: Circumstances under which the agreement can be terminated and the consequences
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Sub-licensing Rights: Include when licensee needs to grant sub-licenses to third parties
2. Moral Rights: Specific provisions regarding moral rights under Swiss law, particularly relevant for artistic works
3. Modification Rights: Include when licensee needs rights to modify or edit the photographs
4. Exclusivity Period: Include when there's an initial period of exclusivity before becoming non-exclusive
5. Usage Reporting: Include when licensor requires regular reports on how photos are being used
6. Insurance Requirements: Include when specific insurance coverage is required for high-value photographs
7. Model/Property Releases: Include when photographs contain identifiable individuals or private property
1. Schedule 1 - Licensed Photographs: Detailed list and description of all photographs covered by the license, including unique identifiers
2. Schedule 2 - License Fee Schedule: Detailed breakdown of fees, payment terms, and any royalty calculations
3. Schedule 3 - Technical Specifications: Technical details of photograph formats, resolution, and delivery specifications
4. Appendix A - Permitted Uses: Comprehensive list of specifically permitted uses and any restrictions
5. Appendix B - Attribution Requirements: Detailed requirements for how photographer should be credited in different usage contexts
Authors
Relevant legal definitions
Clauses
Relevant Industries
Media and Entertainment
Publishing
Advertising
Digital Marketing
E-commerce
Corporate Communications
Tourism and Hospitality
Real Estate
Education
Retail
Fashion and Apparel
News and Journalism
Web Development
Public Relations
Creative Industries
Relevant Teams
Legal
Marketing
Creative Services
Digital Content
Brand Management
Communications
Procurement
Content Licensing
Editorial
Asset Management
Public Relations
Commercial
Relevant Roles
Legal Counsel
Content Manager
Creative Director
Marketing Manager
Digital Rights Manager
Brand Manager
Communications Director
Art Director
Publishing Manager
Copyright Administrator
Media Buyer
Procurement Manager
Photographer
Digital Content Specialist
Licensing Manager
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