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Photography Usage Rights Agreement

Photography Usage Rights Agreement Template for New Zealand

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Key Requirements PROMPT example:

Photography Usage Rights Agreement

"I need a Photography Usage Rights Agreement for an international fashion brand to use my editorial fashion photographs across their global marketing campaigns and social media channels, with exclusive rights for 12 months starting March 2025."

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Document background
The Photography Usage Rights Agreement serves as a critical legal instrument in New Zealand's commercial photography sector, establishing clear parameters for the licensed use of photographic works. This document is essential when professional photographers or photography agencies grant specific usage rights to clients for commercial, advertising, or publishing purposes. It encompasses crucial elements such as usage scope, territorial restrictions, duration, fee structures, and attribution requirements, all aligned with New Zealand's Copyright Act 1994 and related legislation. The agreement is particularly relevant in today's digital age, where image usage spans multiple platforms and territories, requiring careful consideration of rights management and protection of intellectual property. It provides both photographers and clients with legal certainty and clear guidelines for the authorized use of photographic works, while ensuring compliance with New Zealand's legal framework regarding copyright, privacy, and commercial law.
Suggested Sections

1. Parties: Identifies and provides full details of the photographer (licensor) and the client (licensee)

2. Background: Outlines the context of the agreement, including the photographer's ownership of the works and the client's desire to use them

3. Definitions: Defines key terms used throughout the agreement including 'Photographs', 'Licensed Works', 'Usage Rights', 'Territory', and 'Term'

4. Grant of Rights: Specifies the exact rights being granted, including type of use, exclusivity/non-exclusivity, and any restrictions

5. Term and Territory: Defines the duration of the license and the geographic areas where the rights can be exercised

6. License Fees and Payment Terms: Details the agreed fees, payment schedule, and any additional charges for extended usage

7. Attribution and Moral Rights: Specifies requirements for crediting the photographer and protecting their moral rights

8. Warranties and Representations: Contains warranties from both parties, including photographer's ownership of rights and client's proper usage

9. Limitations of Use: Clearly states what the client cannot do with the photographs

10. Termination: Sets out circumstances under which the agreement can be terminated and the consequences

11. General Provisions: Standard contractual provisions including governing law, notices, and entire agreement clause

Optional Sections

1. Model and Property Releases: Required when photographs contain identifiable individuals or private property, outlining responsibilities for obtaining necessary releases

2. Social Media Usage: Specific terms for social media usage, including platform restrictions and requirements

3. Modification Rights: Terms regarding the client's right to modify, crop, or edit the photographs

4. Sub-licensing Rights: Terms allowing or prohibiting the client from sub-licensing the photographs to third parties

5. Rush Fees and Urgent Delivery: Terms for expedited delivery or rush processing of photographs

6. International Usage: Additional terms for international usage, including compliance with local laws

7. Digital Rights Management: Specifications for digital watermarking or other technical protection measures

Suggested Schedules

1. Schedule 1 - Licensed Photographs: Detailed list and descriptions of all photographs covered by the agreement, including file names and preview thumbnails

2. Schedule 2 - Usage Specifications: Detailed breakdown of permitted usage types, channels, and formats

3. Schedule 3 - Fee Schedule: Comprehensive breakdown of all fees, including usage fees, renewal fees, and any additional charges

4. Schedule 4 - Technical Specifications: Technical requirements for photograph delivery, including file formats, resolution, and color specifications

5. Appendix A - Model Releases: Copies of all relevant model releases for photographs containing identifiable individuals

6. Appendix B - Property Releases: Copies of all relevant property releases for photographs containing private property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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 and Entertainment

Advertising

Publishing

E-commerce

Retail

Fashion

Real Estate

Tourism and Hospitality

Corporate Services

Education

Marketing and Communications

Digital Media

Arts and Culture

Event Management

Professional Services

Relevant Teams

Legal

Marketing

Creative

Digital

Communications

Brand

Procurement

Content

Publications

Social Media

E-commerce

Compliance

Rights Management

Relevant Roles

Creative Director

Marketing Manager

Brand Manager

Content Manager

Legal Counsel

Procurement Manager

Art Director

Digital Marketing Manager

Publications Manager

Communications Manager

Social Media Manager

E-commerce Manager

Photography Director

Licensing Manager

Media Rights Manager

Brand Compliance Officer

Marketing Coordinator

Content Coordinator

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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