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Likeness Licence Agreement Template for England and Wales

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Key Requirements PROMPT example:

Likeness Licence Agreement

"I need a Likeness Licence Agreement for a global sportswear brand to use our Olympic athlete's image across Europe and North America for marketing campaigns and merchandise, with a three-year term starting January 2025."

Document background
The Likeness Licence Agreement is essential when an organization wishes to legally use an individual's likeness for commercial purposes under English and Welsh law. This document becomes necessary in situations ranging from advertising campaigns to merchandise production, providing clear parameters for usage rights, compensation, and protective measures for both parties. It addresses key considerations such as territorial scope, duration, exclusivity, and approval processes, while ensuring compliance with UK data protection, privacy, and intellectual property regulations.
Suggested Sections

1. Parties: Identification of licensor and licensee

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including definition of the Likeness

4. Grant of Rights: Scope of licence for using the likeness, including permitted uses and formats

5. Term and Territory: Duration and geographical scope of the licence

6. Payment Terms: Compensation, payment schedule, and any royalty arrangements

7. Usage Rights and Restrictions: Specific permitted uses, limitations, and prohibited uses of the likeness

8. Approval Rights: Process for approving use of likeness, including approval timeframes

9. Representations and Warranties: Standard warranties from both parties regarding authority to enter agreement and ownership rights

10. Termination: Circumstances under which the agreement can be terminated and consequences

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

Optional Sections

1. Moral Rights: Waiver or assertion of moral rights in jurisdictions where applicable

2. Exclusivity Provisions: Terms of exclusive use and any carve-outs or exceptions

3. Digital Rights: Specific provisions for online and digital usage including social media

4. Merchandising Rights: Terms for merchandise creation and sale featuring the likeness

5. Data Protection: Specific provisions relating to handling of personal data under UK GDPR

Suggested Schedules

1. Schedule 1: Licensed Materials: Specific photos, recordings or other materials covered by the licence

2. Schedule 2: Approved Uses: Detailed list of permitted uses, formats and platforms

3. Schedule 3: Territory Specifications: Detailed breakdown of geographical permissions and any territory-specific terms

4. Schedule 4: Payment Schedule: Detailed payment terms including royalty calculations if applicable

5. Schedule 5: Approval Process: Detailed procedures for submission and approval of likeness usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 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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Industries

Copyright, Designs and Patents Act 1988: Key legislation governing copyright in photographs/recordings and moral rights provisions that need to be considered in likeness agreements

UK Data Protection Act 2018 and UK GDPR: Legislation covering personal data processing, protection, data subject rights, consent requirements, and international data transfers

Human Rights Act 1998: Covers Article 8 (right to privacy) and Article 10 (freedom of expression) which need to be balanced in likeness agreements

Common Law Rights: Encompasses privacy rights, passing off, and breach of confidence principles under English common law

Consumer Rights Act 2015: Relevant when the licensor is acting as a consumer, governing fairness of contract terms

Equality Act 2010: Provides protection against discrimination and is relevant where likeness usage could impact protected characteristics

Trade Marks Act 1994: Applicable where the likeness is or could be trademarked, including protection of associated marks

Contract Law principles: Fundamental principles including consideration, offer and acceptance, capacity to contract, and terms and conditions

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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