The Use of Likeness Agreement is essential in today's media-rich environment, particularly under Philippine jurisdiction where personal rights are strongly protected by both the Constitution and specific legislation. This document is typically used when an organization needs to legally obtain and document permission to use someone's image, voice, or likeness for commercial, promotional, or other specified purposes. It's particularly relevant in the context of Philippine law, which has strict requirements regarding personal data protection and privacy rights through the Data Privacy Act of 2012 and related regulations. The agreement should clearly outline usage rights, restrictions, compensation, and compliance with local laws, making it an essential tool for businesses, media companies, and organizations operating in the Philippines who need to properly document and manage their rights to use individual likenesses.
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1. Parties: Identification of the rights holder (person whose likeness is being used) and the user/licensee, including complete legal names and addresses
2. Background: Context of the agreement and brief description of the intended use of the likeness
3. Definitions: Define key terms including 'Likeness', 'Territory', 'Term', 'Commercial Use', 'Media', and other relevant terms
4. Grant of Rights: Specific permission granted for use of likeness, including scope, territory, and duration
5. Permitted Uses: Detailed description of how the likeness may be used, including specific media types and contexts
6. Compensation: Payment terms, including any royalties or one-time fees for the use of likeness
7. Approval Rights: Process for reviewing and approving specific uses of the likeness before publication
8. Term and Termination: Duration of the agreement and conditions for early termination
9. Representations and Warranties: Statements by both parties regarding their rights and authority to enter into the agreement
10. Data Privacy Compliance: Specific provisions ensuring compliance with Philippine Data Privacy Act
11. Governing Law: Specification of Philippine law as governing law and jurisdiction for disputes
1. Moral Rights: Section addressing the protection of moral rights under Philippine law, particularly relevant for public figures or celebrities
2. Third Party Rights: Include when the likeness may be licensed or sublicensed to third parties
3. Digital Manipulation: Specific provisions regarding permission and limitations for digital alteration of the likeness
4. Exclusivity: Include when the rights granted are exclusive to the licensee
5. Territory Restrictions: Detailed territorial limitations when use is restricted to specific geographic areas
6. Social Media Rights: Specific provisions for social media usage when relevant to the agreement
7. Talent Services: Include when the agreement includes personal appearances or additional services
1. Schedule A - Description of Likeness: Detailed description or copies of specific photographs, videos, or other media covered by the agreement
2. Schedule B - Approved Uses: Comprehensive list of specific approved uses and contexts for the likeness
3. Schedule C - Compensation Schedule: Detailed breakdown of payment terms, including any royalty calculations or payment milestones
4. Schedule D - Approval Process: Detailed procedures and timeframes for obtaining approval for specific uses
5. Appendix 1 - Sample Disclaimer: Standard disclaimer text to be used in connection with the likeness when required
Authors
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Advertising & Marketing
Education
Fashion & Modeling
Retail
Non-Profit & Charity
Technology
Professional Services
Healthcare
Sports & Recreation
Tourism & Hospitality
Corporate Communications
Relevant Teams
Legal
Marketing
Creative Services
Public Relations
Human Resources
Compliance
Digital Media
Corporate Communications
Content Production
Brand Management
Social Media
Talent Management
Relevant Roles
Legal Counsel
Marketing Manager
Content Director
Brand Manager
Talent Acquisition Specialist
Public Relations Manager
Digital Marketing Manager
Creative Director
Corporate Communications Manager
Human Resources Director
Compliance Officer
Media Relations Manager
Photography Director
Production Manager
Social Media Manager
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