Non Exclusive Photo License Agreement

Non Exclusive Photo License Agreement Template for Hong Kong

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Key Requirements PROMPT example:

"I need a Non-Exclusive Photo License Agreement for my advertising agency to license 20 lifestyle photographs from a professional photographer for use in our client's global marketing campaigns starting January 2025, with rights to modify the images and use them across all digital platforms and print media."

Document background

The Non-Exclusive Photo License Agreement is essential for businesses and individuals seeking to legally use photographic works while allowing the rights holder to maintain ownership and grant similar rights to others. This document is particularly relevant in Hong Kong's dynamic media and business environment, where photography licensing is common across various industries. It provides a comprehensive framework for managing photo usage rights, incorporating provisions compliant with Hong Kong's Copyright Ordinance (Cap. 528) and Personal Data (Privacy) Ordinance (Cap. 486). The agreement typically covers usage scope, duration, territory, fees, attribution requirements, and warranties, making it suitable for both commercial and editorial uses. It's designed to protect both the licensor's intellectual property rights and the licensee's business interests while ensuring clarity in terms of permitted usage.

Suggested Sections

1. Parties: Identification of the licensor (photographer/copyright owner) and licensee

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

3. Definitions: Key terms used in the agreement including 'Licensed Photos', 'Territory', 'Term', 'Usage Rights'

4. Grant of License: Scope of the non-exclusive license, permitted uses, and territory

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

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

7. Usage Restrictions: Specific limitations on how the photos can be used, modified, or sublicensed

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

9. Warranties and Representations: Licensor's warranties regarding ownership and licensee's obligations

10. Liability and Indemnification: Limitations of liability and mutual indemnification provisions

11. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Model and Property Releases: Required when photos contain recognizable individuals or private property

2. Technical Specifications: Needed when specific file formats, sizes, or quality requirements apply

3. Exclusive Period: Optional clause for temporary exclusivity before reverting to non-exclusive

4. Geographic Restrictions: Detailed territory restrictions when license is limited to specific regions

5. Social Media Usage: Specific terms for social media platforms when relevant

6. Reporting Requirements: When usage tracking and reporting are required

7. Moral Rights: Specific provisions regarding moral rights in jurisdictions where applicable

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, payment terms, and any usage-based pricing

3. Schedule 3 - Technical Specifications: Detailed technical requirements for photo files and delivery format

4. Appendix A - Model Releases: Copies of model releases for photographs containing people

5. Appendix B - Property Releases: Copies of property releases for photographs of private property

6. Appendix C - Usage Guidelines: Detailed guidelines for photo usage, including formatting and attribution requirements

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Media & Entertainment

Advertising & Marketing

Publishing

Digital Media

E-commerce

Retail

Fashion

Real Estate

Tourism & Hospitality

Corporate Communications

Education

News & Journalism

Relevant Teams

Legal

Marketing

Creative

Content

Digital

Brand Management

Communications

Editorial

Procurement

Intellectual Property

Publications

Relevant Roles

Legal Counsel

Content Manager

Marketing Director

Creative Director

Photo Editor

Digital Content Manager

Brand Manager

Art Director

Publications Manager

Intellectual Property Lawyer

Procurement Manager

Communications Manager

Media Rights Manager

Editorial Director

Licensing Manager

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