The Name And Likeness License Agreement is essential in situations where an individual's personal attributes are to be commercially exploited under German jurisdiction. This document is particularly relevant in today's digital age where personal image rights have significant commercial value. It provides a legal framework that balances the strong personality rights protection under German law with commercial interests, incorporating necessary compliance with the German Civil Code, GDPR, and German data protection regulations. The agreement is commonly used for celebrity endorsements, influencer marketing, sports sponsorships, and entertainment industry contracts, providing detailed terms for usage rights, approval processes, and quality control measures to protect both the licensor's reputation and the licensee's commercial interests.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms including 'Licensed Rights', 'Territory', 'Term', 'Licensed Materials', and 'Approved Uses'
4. Grant of Rights: Specific rights granted for use of name, image, likeness, voice, and biographical information
5. Scope of License: Detailed parameters of permitted uses, territories, and duration
6. Approval Rights: Process for obtaining approval for specific uses of licensed materials
7. Quality Control: Standards for maintaining the quality and reputation of the licensed materials
8. Compensation: Payment terms, including any royalties, flat fees, or other financial arrangements
9. Representations and Warranties: Mutual assurances regarding rights ownership and authority to enter agreement
10. Data Protection and Privacy: Compliance with GDPR and German data protection laws
11. Term and Termination: Duration of agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Moral Rights: Additional protection of moral rights under German law, used when creative works are involved
2. Social Media Rights: Specific provisions for social media usage, needed for digital campaigns
3. Merchandising Rights: Detailed terms for merchandise production, used when physical products are involved
4. Sublicensing Rights: Terms for allowing licensee to sublicense rights to third parties
5. Exclusivity Provisions: Terms for exclusive rights in specific territories or categories
6. Publicity Rights: Additional terms for public relations and promotional activities
7. Crisis Management: Procedures for handling negative publicity or controversies
8. Digital Alterations: Specific provisions regarding digital modification of licensed materials
1. Schedule A - Licensed Materials: Detailed list and copies of approved photographs, signatures, biographical information
2. Schedule B - Approved Uses: Specific examples and categories of permitted uses of licensed materials
3. Schedule C - Approval Process: Detailed procedures and timeframes for obtaining approvals
4. Schedule D - Quality Control Guidelines: Specific quality standards and requirements for using licensed materials
5. Schedule E - Compensation Details: Detailed breakdown of payment terms, royalty calculations, and reporting requirements
6. Appendix 1 - Style Guide: Guidelines for visual presentation and usage of licensed materials
7. Appendix 2 - Territory Restrictions: Detailed breakdown of territorial restrictions and permissions
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