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Image Usage Agreement for Malaysia

Image Usage Agreement Template for Malaysia

This Image Usage Agreement is a comprehensive legal document governed by Malaysian law, specifically aligned with the Copyright Act 1987 and related legislation. It establishes the terms and conditions for the licensed use of photographic or digital images, defining the scope of usage rights, territorial limitations, duration, and compensation terms. The agreement provides protection for both the image owner's intellectual property rights and the user's licensed privileges, while ensuring compliance with Malaysian copyright and contract law requirements.

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What is a Image Usage Agreement?

The Image Usage Agreement serves as a crucial legal instrument in Malaysia for managing the rights and obligations associated with image licensing and usage. This document is essential when any party wishes to use photographs, digital images, or other visual content owned by another entity, whether for commercial, editorial, or promotional purposes. The agreement, governed by Malaysian law including the Copyright Act 1987 and Contracts Act 1950, provides clear parameters for image usage, including duration, territorial scope, modification rights, and attribution requirements. It's particularly relevant in today's digital age where image usage spans multiple platforms and territories, requiring careful consideration of rights management and compliance with local intellectual property laws.

What sections should be included in a Image Usage Agreement?

1. Parties: Identification of the image owner/licensor and the user/licensee with full legal names and addresses

2. Background: Context of the agreement, establishing the ownership of the images and purpose of the license

3. Definitions: Key terms used throughout the agreement including 'Images', 'Usage Rights', 'Territory', 'Term', etc.

4. Grant of License: Specific rights being granted, including scope, territory, and duration of usage

5. Usage Terms and Restrictions: Detailed terms of permitted usage and explicit restrictions on how images may be used

6. Payment Terms: License fees, payment schedule, and any ongoing royalties or usage-based fees

7. Copyright and Attribution: Acknowledgment of copyright ownership and requirements for attribution

8. Warranties and Representations: Guarantees regarding image ownership, rights to license, and quality of images

9. Term and Termination: Duration of the agreement and conditions for termination

10. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

What sections are optional to include in a Image Usage Agreement?

1. Exclusivity: Terms granting exclusive usage rights in specified territories or contexts

2. Modifications and Derivatives: Permission and restrictions regarding image modifications or creation of derivative works

3. Sub-licensing Rights: Terms allowing or prohibiting the licensee to sub-license the images to third parties

4. Quality Control: Requirements for maintaining image quality in various usage contexts

5. Social Media Usage: Specific terms for social media platforms and digital sharing

6. Model and Property Releases: Provisions regarding available releases for people or properties depicted in images

7. Insurance Requirements: Insurance obligations for high-value or high-risk usage scenarios

What schedules should be included in a Image Usage Agreement?

1. Schedule A - Licensed Images: Detailed list of all images covered by the agreement, including file names, descriptions, and reference numbers

2. Schedule B - Usage Specifications: Detailed specifications of permitted usage including media types, formats, and territories

3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

4. Appendix 1 - Image Technical Specifications: Technical details of image files including resolution, format, and delivery specifications

5. Appendix 2 - Attribution Requirements: Specific requirements for crediting the photographer/image owner in different contexts

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Use Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Media and Entertainment

Advertising and Marketing

Publishing

Retail and E-commerce

Education

Corporate Communications

Digital Media

Fashion and Lifestyle

Tourism and Hospitality

Real Estate

Professional Services

Relevant Teams

Legal

Marketing

Creative Services

Digital Content

Brand Management

Communications

Procurement

Publishing

Social Media

Design Studio

Content Creation

Intellectual Property

Relevant Roles

Creative Director

Marketing Manager

Content Manager

Legal Counsel

Photographer

Digital Asset Manager

Brand Manager

Communications Director

Graphic Designer

Publishing Editor

Social Media Manager

Art Director

Procurement Manager

Licensing Manager

Copyright Administrator

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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