The Photo Usage Agreement serves as a critical legal instrument for establishing clear terms and conditions regarding the licensed use of photographic works within the Indonesian legal framework. This document becomes necessary whenever photographic works are being licensed for commercial, editorial, or promotional use, whether for digital or print media. It ensures compliance with Indonesian Copyright Law (Law No. 28 of 2014) and related regulations while protecting the interests of both the copyright owner and the licensee. The agreement typically includes detailed specifications about usage rights, territorial scope, duration, attribution requirements, and compensation, making it essential for professional photographers, media organizations, and businesses seeking to legally utilize photographic content.
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1. Parties: Identification of the photographer/copyright owner and the licensee/user of the photographs
2. Background: Context of the agreement and brief description of the photographic works involved
3. Definitions: Key terms used throughout the agreement including 'Licensed Photos', 'Usage Rights', 'Territory', etc.
4. Grant of Rights: Specific rights being granted to the licensee and any restrictions on usage
5. Term and Territory: Duration of the license and geographical areas where the photos can be used
6. Payment Terms: License fees, payment schedule, and any additional usage fees
7. Attribution and Credit: Requirements for crediting the photographer when using the photos
8. Intellectual Property Rights: Confirmation of photographer's ownership and protection of rights
9. Warranties and Representations: Guarantees regarding ownership, originality, and right to license
10. Termination: Conditions under which the agreement can be terminated and consequences
11. Governing Law: Specification of Indonesian law as governing law and jurisdiction
1. Model Releases: Required when photos contain identifiable individuals, addressing consent and usage rights
2. Property Releases: Needed when photos contain private property or trademarked items
3. Exclusive Rights: Include when granting exclusive usage rights to the licensee
4. Social Media Usage: Specific terms for social media platforms when digital usage is intended
5. Modifications and Editing: Terms regarding permitted alterations to the photos
6. Sub-licensing Rights: Include when licensee is permitted to sub-license the photos to third parties
7. Insurance Requirements: Needed for high-value commercial usage or when required by specific industries
1. Schedule A - Licensed Photographs: Detailed list and descriptions of all photographs covered by the agreement
2. Schedule B - Usage Specifications: Detailed breakdown of permitted uses, formats, and channels
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, including any usage-based fees
4. Appendix 1 - Technical Specifications: Technical details of the photos including resolution, format, and delivery specifications
5. Appendix 2 - Model Releases: Copies of all relevant model release forms
6. Appendix 3 - Property Releases: Copies of all relevant property release forms
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