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Commercial Photo License Template for Hong Kong

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Key Requirements PROMPT example:

Commercial Photo License

"I need a Commercial Photo License agreement for exclusive worldwide rights to use 50 fashion photographs across our retail chain's marketing materials and social media platforms for 12 months starting January 2025, with the option to modify the images."

Document background
The Commercial Photo License agreement is essential for businesses and individuals seeking to legally use photographic works for commercial purposes in Hong Kong and potentially other territories. This document is particularly relevant in today's digital age where image usage needs to be carefully controlled and protected. It enables photographers and copyright owners to grant specific usage rights while maintaining their intellectual property rights, and provides licensees with clear parameters for permitted use. The agreement must comply with Hong Kong's Copyright Ordinance (Cap. 528) and related commercial laws, making it suitable for both local and international transactions involving Hong Kong entities. It typically includes detailed specifications about image usage, territorial scope, duration, payment terms, and attribution requirements.
Suggested Sections

1. Parties: Identification of the photographer/copyright owner (Licensor) and the party receiving the license (Licensee)

2. Background: Context of the agreement and brief description of the photographs being licensed

3. Definitions: Key terms used throughout the agreement including 'Licensed Photos', 'Territory', 'Term', 'Commercial Use'

4. Grant of License: Scope of the license, including permitted uses, territory, and duration

5. License Fee and Payment Terms: Financial terms including license fees, payment schedule, and any recurring fees

6. Usage Rights and Restrictions: Specific permitted uses and explicit restrictions on use of the licensed photographs

7. Attribution and Copyright Notice: Requirements for crediting the photographer and maintaining copyright notices

8. Warranties and Representations: Guarantees regarding ownership, right to license, and quality of photographs

9. Term and Termination: Duration of the license and circumstances for early termination

10. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction for dispute resolution

Optional Sections

1. Moral Rights: Additional provisions protecting the photographer's moral rights - used when specifically requested by the photographer

2. Sublicensing Rights: Terms allowing the licensee to sublicense the photographs - included when sublicensing is permitted

3. Model and Property Releases: Provisions regarding existing releases - included when photographs contain recognizable people or private property

4. Exclusivity Provisions: Terms granting exclusive rights - included for exclusive licenses only

5. Digital Rights Management: Requirements for digital protection measures - included for digital-only licenses

6. Modification Rights: Terms regarding permitted alterations to photos - included when editing rights are granted

Suggested Schedules

1. Schedule 1 - Licensed Photographs: Detailed list and descriptions of all photographs covered by the license

2. Schedule 2 - License Fee Schedule: Detailed breakdown of fees, including any variable pricing based on usage

3. Schedule 3 - Technical Specifications: Technical details of the photographs including format, resolution, and delivery specifications

4. Appendix A - Permitted Uses: Comprehensive list of specific permitted uses and contexts

5. Appendix B - Territory List: Detailed list of geographical territories where the license applies

6. Appendix C - Model/Property Releases: Copies of all relevant releases and permissions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Media and Entertainment

Advertising and Marketing

Publishing

E-commerce

Retail

Fashion and Apparel

Real Estate

Tourism and Hospitality

Education

Corporate Services

Digital Media

Professional Services

Relevant Teams

Legal

Marketing

Creative

Digital

Brand

Procurement

Content

Communications

Publishing

E-commerce

Art

Operations

Relevant Roles

Legal Counsel

Commercial Director

Marketing Manager

Creative Director

Content Manager

Digital Rights Manager

Brand Manager

Procurement Manager

Photographer

Art Director

Publishing Manager

E-commerce Manager

Corporate Communications Manager

Digital Marketing Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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