The Photography Usage License agreement is essential for establishing clear legal parameters for the use of professional photographic works in Ireland. This document is typically used when a photographer or photography studio grants rights to use their copyrighted photographs to another party, whether for commercial, editorial, or personal use. The agreement, governed by Irish law and compliant with the Copyright and Related Rights Act 2000, specifies crucial elements such as usage scope, duration, territory, attribution requirements, and fee structures. It includes provisions for data protection under GDPR when photographs contain identifiable individuals, and can be customized for various use cases from simple single-image licenses to complex commercial usage rights.
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1. Parties: Identification of the photographer (licensor) and the party receiving the license (licensee)
2. Background: Context of the agreement, including confirmation of the photographer's ownership of the works
3. Definitions: Key terms used throughout the agreement including 'Licensed Works', 'Territory', 'Term', and 'Usage Rights'
4. Grant of License: Specific rights being granted, including scope, territory, and duration of the license
5. License Fee: Payment terms, amounts, and schedule of payments
6. Usage Rights and Restrictions: Detailed specification of permitted and prohibited uses of the photographs
7. Copyright and Credit: Retention of copyright by photographer and requirements for attribution
8. Warranties and Representations: Photographer's warranties regarding ownership and third-party rights
9. Term and Termination: Duration of the license and circumstances for early termination
10. General: Standard boilerplate clauses including notices, entire agreement, and governing law
1. Exclusivity: Required when the license is exclusive, defining the scope of exclusivity
2. Data Protection: Required when photographs contain identifiable individuals, addressing GDPR compliance
3. Commercial Use: Required for licenses permitting commercial exploitation, including advertising and merchandising
4. Digital Rights Management: Required when specific technical protection measures are to be implemented
5. Sub-licensing Rights: Required when licensee is permitted to sub-license the photographs
6. Moral Rights: Required when specific provisions regarding moral rights are needed
7. Territory-Specific Terms: Required when license covers multiple jurisdictions
1. Schedule 1 - Licensed Photographs: Detailed list and descriptions of all photographs covered by the license
2. Schedule 2 - Usage Specifications: Detailed parameters of permitted uses, including media types, sizes, and contexts
3. Schedule 3 - Fee Schedule: Breakdown of license fees, including any royalty calculations or usage-based fees
4. Appendix A - Technical Specifications: Technical requirements for digital files, including format, resolution, and delivery method
5. Appendix B - Model Releases: Copies of model releases for photographs containing identifiable individuals
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