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Use Of Likeness Agreement Template for Germany

This document is a legally binding agreement under German law that governs the authorized use of an individual's likeness, image, voice, or other personal attributes. It ensures compliance with German personality rights (Persönlichkeitsrecht), data protection laws including GDPR, and relevant copyright legislation. The agreement specifies the scope, duration, and territorial limits of usage, along with compensation terms and usage restrictions. It includes essential provisions for data protection, consent mechanisms, and moral rights protection as required under German law, while also addressing commercial aspects such as merchandising and digital usage rights.

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What is a Use Of Likeness Agreement?

The Use of Likeness Agreement is essential in situations where an organization or individual seeks to legally use another person's image, voice, or likeness for commercial, promotional, or other specified purposes. This document is particularly crucial in the German legal context, where personality rights are strongly protected under both constitutional and civil law. The agreement must comply with strict German data protection requirements, including GDPR, and address specific aspects of German personality rights law (Persönlichkeitsrecht). It typically includes detailed provisions about usage scope, territorial restrictions, duration, compensation, and approval processes. This type of agreement is commonly used in advertising, media, entertainment, and digital marketing contexts, where clear permission for likeness use is legally required.

What sections should be included in a Use Of Likeness Agreement?

1. Parties: Identification of the rights holder (subject) and the party receiving rights to use the likeness

2. Background: Context of the agreement and general purpose for the use of likeness

3. Definitions: Key terms including 'Likeness', 'Materials', 'Territory', 'Term', and 'Permitted Uses'

4. Grant of Rights: Specific permissions granted for use of likeness, including scope and limitations

5. Term and Territory: Duration of the agreement and geographical scope of permitted use

6. Compensation: Payment terms and any royalty arrangements for the use of likeness

7. Usage Restrictions: Specific limitations on how the likeness may be used, including prohibited uses

8. Data Protection and Privacy: GDPR compliance provisions and data handling procedures

9. Representations and Warranties: Statements of fact and guarantees from both parties

10. Termination: Conditions and process for ending the agreement

11. Governing Law: Specification of German law as governing law and jurisdiction

What sections are optional to include in a Use Of Likeness Agreement?

1. Digital Manipulation: Specific provisions regarding digital alteration or enhancement of likeness - include when digital modification might be needed

2. Merchandising Rights: Additional rights for use on merchandise or products - include for commercial exploitation

3. Moral Rights: Specific provisions regarding the protection of moral rights - important for artistic or creative works

4. Approval Rights: Process for obtaining approval before using specific images - include when subject wants control over usage

5. Social Media Usage: Specific terms for social media platforms - include for digital marketing campaigns

6. Exclusivity: Terms making the agreement exclusive - include when required by commercial arrangement

7. Third Party Rights: Provisions for sublicensing or transfer of rights - include when third party usage is anticipated

What schedules should be included in a Use Of Likeness Agreement?

1. Schedule 1 - Approved Materials: List and copies of specific photographs, recordings, or other materials covered by the agreement

2. Schedule 2 - Permitted Uses: Detailed list of specific approved uses and contexts for the likeness

3. Schedule 3 - Compensation Schedule: Detailed breakdown of payment terms, royalties, and payment schedule if complex

4. Schedule 4 - Approval Process: Detailed procedures for obtaining approval for specific uses if required

5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and procedures

6. Appendix B - Technical Specifications: Technical requirements for how the likeness may be reproduced or displayed

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Use Agreement

Cost

Free to use

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