Photography Copyright, Terms & Conditions
These Terms and Conditions (“Agreement”) apply to all photography and/or video content services (“Services”) provided by ‘Captured’ / ‘Craig Thorne’ / ‘DesignCreative Pty. Ltd.’ (“Photographer”) to the Client (“Client”).
1. Scope of Services
The Photographer agrees to provide commercial photography and/or video content services as specified in the written agreement, invoice, or quotation provided to the Client.
2. Fees and Payment
2.1. All fees for Services must be paid in full prior to any usage of the delivered images or video content.
2.2. No licence or right of use is granted until full payment has been received and cleared.
2.3. Payment terms and amounts are outlined in the provided invoice or quotation. Late payments may incur additional fees.
3. Usage Licence
3.1. Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable usage licence for the intended and agreed-upon usage for either Real Estate (3.1.1) sale or Commercial (3.1.2) promotion. Intended usage to be determined in writing before any photography is to begin.
3.1.1. REAL ESTATE: Images supplied for real estate agents / property sale listing, usage rights are strictly limited to marketing a single property listing / campaign for the specific vendor named at the time of the shoot. Use of content across multiple properties, vendors, ongoing and/or additional marketing campaigns is not permitted without prior written consent and may be subject to additional licensing fees. Please contact the Photographer to arrange extended or multiple usage rights.
3.1.2 COMMERCIAL: Commercial extended usage includes usage for promotion of business and/or business products or services. Images can be used for multiple / on-going promotions.
3.2. The licence does not permit resale, sub-licensing, or unauthorised third-party use of the content.
3.3. Any additional or extended usage beyond the original scope must be agreed upon in writing and may incur further licensing fees.
4. Image / Video Editing, Manipulation, AI.
4.1 The Client must not edit, alter, crop, retouch, or otherwise modify any delivered images or video content without prior written consent from the Photographer, except for minor resizing or reformatting required for the agreed usage platform.
4.2 The use of artificial intelligence (AI) tools, software, or platforms — including but not limited to generative AI, image synthesis, style transfer, inpainting, outpainting, or any automated manipulation technology — to alter, enhance, composite, or otherwise modify any delivered content is strictly prohibited without the Photographer's prior written consent.
4.3 The use of delivered images or video content as training data, source material, or reference input for any AI model, machine learning system, or automated content generation tool is expressly prohibited.
4.4 The generation of AI-produced video, animation, or motion content derived from, inspired by, or based upon any delivered still or video content — including the use of AI video generation tools such as Sora, Runway, Kling, or similar platforms — is strictly prohibited without prior written consent from the Photographer.
4.5 Any breach of this clause constitutes a material breach of this Agreement and may result in immediate termination of the usage licence, with the Photographer retaining the right to pursue damages including compensation for lost licensing fees and reputational harm.
4.6 Where the Client wishes to use AI tools in connection with delivered content, a separate written agreement and additional licensing fee may apply. Please contact the Photographer to discuss.
5. Copyright and Ownership
5.1. The Photographer retains full copyright and ownership of all images and video content created, unless otherwise agreed in writing.
5.2. No transfer of copyright is implied or granted by this Agreement.
5.3. The Client is purchasing a licence to use the content, not the intellectual property itself.
6. Delivery
6.1. Final deliverables will be provided in digital format via download only.
6.2. Turnaround time and file specifications will be as stated in the project agreement or quotation.
7. Credit and Attribution
7.1. Unless otherwise agreed, credit to the Photographer is not required for commercial use.
7.2. However, if images or videos are used in editorial or social media contexts, credit is appreciated as “Captured.com.au”.
8. Cancellations and Refunds
81. Cancellations must be made in writing. Deposits are non-refundable unless otherwise stated.
8.2. If the Client cancels after work has commenced, a pro-rata fee will be charged based on work completed.
9. Liability
9.1. The Photographer will exercise reasonable care and skill in providing the Services but is not liable for any indirect, incidental, or consequential damages arising from the use of the content.
9.2. The Photographer’s total liability under this Agreement shall not exceed the amount paid by the Client for the Services.
10. Client Responsibility
10.1. The Client is responsible for obtaining all necessary permissions, clearances, and consents for subjects, locations, and usage.
10.2. The Photographer will not be held liable for claims related to unauthorised use.
11. Governing Law
This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.