Film and television stills license contract
Contract number: ____________
Party A: ________________________
Legal address: ____________________
Legal representative: __________________
Position: ________________________
Attorney: __________________
identification number:__________________
mailing address:____________________
Postal code: ____________________
Contact: ______________________
phone:________________________
Electric hanging: ________________________
fax:________________________
account number:________________________
email:____________________
Party B: ________________________
Legal address: ____________________
Legal representative: __________________
Position: ________________________
Attorney: __________________
identification number:__________________
mailing address:____________________
Postal code: ____________________
Contact: ______________________
phone:________________________
Electric hanging: ________________________
fax:________________________
account number:________________________
email:_____________________
In view of:
1. Party A is a legal entity that is legally incorporated and has obtained legal qualifications for film production. Because of its planned/in-progress film _________, it is necessary to use Party B’s related still portrait; Party B is the owner of the still portrait;
2. Party A undertakes to pay Party B a certain usage fee and guarantees that it will not damage the image of Party B. Party B agrees that Party A uses its related still portrait;
In view of this, the two parties have entered into the following contract terms on the principle of voluntariness, equality, mutual benefit, honesty and credit, and through full friendly negotiation, in order to jointly abide by:
First license content
Party B authorizes Party A to use the rights to the still portraits taken by Party B in _________ on the ______ year _____ month _____ day in its planned/in-progress film.
Article 2 Scope of License
Party A has the exclusive right to use the portrait of Party B. It can only use Party B's still portraits in its planned/being film and in related related work such as movie promotion and distribution activities, but not for commercial purposes. Otherwise, Party A shall compensate for any losses caused to Party B.
The nature of the license of this contract is an exclusive license. Except Party A's written consent, Party B shall not use its still portrait right.
Third license period
Party A's use of Party B's still portraits is _____ years, from _____ years _____ months _____ days to _____ years _____ months _____ days. Unless otherwise agreed by the parties.
Article 4 Remuneration and payment methods
The remuneration paid by Party A to Party B shall be RMB ______ yuan, and shall be paid in one lump sum within _________ days from the date of signing this contract.
Party A shall, according to the requirements of Party B, transfer the expenses to the designated account of Party B: account name: _________, account number: _________.
If Party A fails to pay the usage fee to Party B within the agreed time, Party A shall pay Party B ______ of the overdue fee as liquidated damages.
Article 5 Party A's rights and obligations
1. Party A has the right to copy the portraits of Party B's stills, and may use the portraits of Party B to participate in exhibitions, publish albums, and provide them to newspapers and magazines. If Party A uses Party B's still portrait for commercial purposes, such as advertising, it should be obtained in advance by Party B. The income from the use of commercial use shall be resolved by mutual agreement.
2. In the process of publicity, distribution or commercial operation of the film and related derivative products, Party A has the right to use the artistic image in Party B's stills for free; if Party A permits others to use the artistic image in Party B's stills, Party B shall obtain the consent of Party B.
3. Party A has the right to make changes to the image in Party B's stills, and may use all or part of the image of Party B's stills in conjunction with any other form of information. But only for the needs of filming.
4. Party A's use of Party B's still portraits shall not cause any insult, embarrassment or other adverse effects on Party B in any form. Otherwise, Party B has the right to ask Party A to bear the corresponding tort liability.
5. Party A shall use Party B's still portrait in strict accordance with the time limit, purpose and other relevant provisions stipulated in this contract.
6. Party A must consciously protect Party B's privacy and may not disclose Party B's personal data without the consent of Party B.
7. If there is any unfavorable message, report or rumor to Party B during the use of the stills, Party A shall be responsible for clarifying and minimizing the adverse impact on Party B.
8. After the filming of the film produced by Party A is completed, Party A shall return the relevant materials such as the positive film, the negative film and the still image data of the stills portrait film provided by Party B to Party B, and shall return the duplicate still portraits of Party B together or in accordance with Party B. Destruction is required.
Article 6 Party B's rights and obligations
1. Party B shall provide Party A with relevant materials such as negatives and stills portrait data of the stills portrait film within ______ days from the date of signing this contract, and the expenses incurred shall be borne by Party A.
2. Within the time limit stipulated in this contract, Party B shall not interfere with or interfere with Party A's normal use of Party B's still portraits. Otherwise, Party A shall compensate Party A for the relevant losses suffered by Party A.
3. After Party A pays Party B to Party B in accordance with the provisions of Article 4 of this contract, Party A does not have the right to interfere with Party B's still portrait.
4. Party A fails to pay Party B's still portraits in a timely manner, and Party B may recover from Party A at any time. If the payment time is exceeded, Party A may recover the liquidated damages from Party A.
5. Party B shall not permit any third party other than Party A to use its still portrait during the use of Party A's portraits, and Party B shall be liable for damages caused by Party A.
Article 7: Guarantee by both parties
Party A:
1. Ensure that they have the legal qualification to film a film.
2. The film does not contain any content that violates the legitimate rights and interests of Party B or violates the prohibition of national laws.
3. _____________________________________________.
Party B:
1. Ensure that it has the right to sign and be able to perform this contract, and that there are no legal obstacles to its performance of this contract.
2. Prior to the signing of this contract, there were no rights disputes, claims or litigation against the portrait of the still.
3. _____________________________________________.
Article 8 Dissolution of the contract
In any of the following circumstances, Party A may terminate this contract by notifying Party B in writing:
1. The event of force majeure or its impact continued for more than _________ days and the parties did not reach a mutually agreed solution;
2. Not due to force majeure factors, Party B did not provide Party A with the relevant material of the portrait portrait in accordance with the provisions of this contract, and it has not been provided within _____ days from the date of the written notice of Party A;
3. Not due to force majeure factors, Party A has not paid the remuneration to Party B in accordance with the provisions of this contract, and has not paid within ______ days from the date of the written notice of notice from Party B;
4. Party A goes bankrupt, disbands or is legally revoked the business license of the enterprise legal person;
5. Party A was revoked the "filming permit" according to law;
6. The guarantees made by both parties in this contract are not true.
Article 9 Termination of the contract
This contract is terminated in any of the following circumstances:
1. The term of this contract expires;
2. Party A and Party B terminate this contract by written agreement;
3. The purpose of the contract cannot be achieved due to force majeure;
4. Before the expiration of the entrustment period, one of the parties expressly indicates or fails to perform the main obligations of the contract in accordance with its own conduct;
5. The party concerned delays the performance of the main obligations of the contract and fails to perform it within a reasonable period of time after being urged;
6. If the party has other breach of contract or illegal acts, the purpose of the contract cannot be achieved;
7. _________________________________________________________.
Article 10 Confidentiality
Both Party A and Party B guarantee the confidentiality of the files and materials that are known to the other party during the discussion, signing and implementation of this Agreement and that cannot be obtained through public channels. The other party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the information and the file. Except as otherwise provided by laws and regulations or otherwise agreed by both parties. Confidentiality period is ______ years
Article 11 Notice
1. According to this contract, all notices sent by one party to the other party, as well as the file exchanges between the parties and the notices and requirements related to this contract, must be in writing and can be transmitted by __. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.
2. The mailing address of each party is as follows: _________________________________________________________.
3. The notice of change or the address of a party shall be notified to the other party in writing within ____ days from the date of the change; otherwise, the unrecognized party shall bear the relevant liabilities arising therefrom.
Article 12 Changes to the contract
During the performance of this contract, in the event of special circumstances, if either party A or B needs to change this contract, the party requesting the change shall promptly notify the other party in writing. After obtaining the consent of the other party, the parties shall sign a written change agreement within the prescribed time limit. Become an inseparable part of the contract. Without the written documents signed by both parties, neither party has the right to change this contract. Otherwise, the economic losses of the other party will be borne by the responsible party.
Article 13 Transfer of the contract
Except as otherwise provided in the contract or agreed by both parties, no rights or obligations of the parties under this contract shall be transferred to a third party without the prior written consent of the other party. Any transfer without any express written consent of the other party is void.
Article 14 Treatment of Disputes
1. This contract is governed by and construed in accordance with the laws of the People's Republic of China.
2. The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following ___
Submit to the _________ Arbitration Commission for arbitration;
Prosecuted to the people's court according to law.
Article 15 Force Majeure
1. If any party to this contract fails to perform all or part of its obligations under this contract due to the event of force majeure, the performance of the obligation shall be suspended during the event of force majeure.
2. A party claiming to be affected by a force majeure event shall, as far as practicable, notify the other party in writing of the occurrence of the event of force majeure in the shortest possible time and provide the other party with such event of force majeure and its continuation within ____ days after the occurrence of the force majeure event Appropriate evidence of time and written information that the contract cannot be performed or needs to be extended. Claiming a force majeure event causes its performance of this contract to be objectively impossible or impractical, and it is the responsibility of all reasonable efforts to eliminate or mitigate the effects of such force majeure events.
3. When a force majeure event occurs, both parties shall immediately decide how to implement this contract through friendly negotiation. Upon termination or elimination of the event of force majeure or its effects, both parties shall immediately resume the performance of their respective obligations under this contract. If force majeure and its effects cannot be terminated or eliminated, causing either party to the contract to lose the ability to continue to perform the contract, the parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party facing the force majeure shall not be liable for this. If the party is force majeure after the delay in performance, the liability cannot be waived.
4. The term "force majeure" as used in this contract means that the affected party cannot reasonably control it, cannot be expected or even if it is expected to be inevitable and cannot be overcome, and appears after the signing date of this contract, so that the party's performance of all or part of this contract is Any event that is objectively impossible or impractical. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as war, turmoil, strikes, government actions, or legal requirements.
Article 16 Interpretation of the contract
The understanding and interpretation of this contract shall be based on the purpose of the contract and the original meaning of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.
Article 17 Supplementary and Attached Files
If the term of use specified in this contract expires and Party A still needs to continue to use Party B's still portrait to film the film or make a reshoot, remake, etc., Party A and Party B shall sign a supplementary agreement as an auxiliary file of this contract.
If the matters not covered in this contract are implemented in accordance with relevant laws and regulations, and the laws and regulations do not stipulate, both parties may reach a written supplementary contract.
The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.
Article 18: The validity of the contract
This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix the official seal of the unit or the special seal of the contract. Valid for _____ years, from _____ years _____ months _____ days to ______ years _____ months _____ days. The original form of this contract is _______, and each party holds _______ copies, which has the same legal effect.
Party A: ______________
Legal representative: ________
Attorney: ________
place of signing:__________________
_________year month day
Party B: ______________
Legal representative: ________
Attorney: ________
place of signing:__________________
_________year month day
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