Photography Copyright, Terms & Conditions

PHOTOGRAPHY USAGE AGREEMENT

Captured Content Creative / DesignCreative™ Pty Ltd

Studio 10, 127 Fryers Street, Shepparton VIC 3630

1. Agreement

This Photography Usage Agreement (“Agreement”) applies to photography and associated visual content (“Content”) created and supplied by Captured Content Creative / Craig Thorne Photography / DesignCreative Pty Ltd (“Photographer”) to the client identified in the relevant quotation, proposal or invoice (“Client”).

This Agreement sets out the rights granted to the Client for the commercial use of the Content.

Unless otherwise agreed in writing, all Content remains the intellectual property and copyright of the Photographer.

2. Copyright & Ownership

The Photographer retains full copyright and ownership of all photographs and other visual content created as part of the assignment.

Payment for photography services does not constitute the purchase or transfer of copyright.

The Client is purchasing a licence to use the Content, subject to the terms of this Agreement and any specific usage conditions stated in the quotation, proposal or invoice.

Copyright may only be transferred through a separate written copyright assignment expressly agreed to by the Photographer.

3. Usage Licence Categories

The applicable licence category must be identified in the Usage Details or relevant quotation or written agreement. Category A applies to commercial photography other than property sale listings. Content supplied for real estate agents or property sale listings is subject to Category B. The ongoing and multiple-campaign rights in Category A do not apply to Category B.

3.A. Commercial

Upon receipt of full payment, the Photographer grants the Client a non-exclusive, non-transferable commercial usage licence to use the supplied Content for the promotion and marketing of the Client's own business, products and/or services.

Unless otherwise specified in writing, permitted usage includes:

Client websites and landing pages
Social media and digital marketing
Online advertising
Printed marketing collateral
Brochures and capability statements
Annual reports and corporate publications
Presentations
Signage and displays
Advertising and promotional campaigns
Public relations and media supplied for the purpose of promoting the Client
Internal corporate communications

Commercial usage may include multiple and ongoing promotional campaigns by the Client, subject to the limitations contained within this Agreement.

3.B. Real Estate

Upon receipt of full payment, the Photographer grants the Client a non-exclusive, non-transferable licence to use the supplied Content solely to market one property listing or sales campaign for the specific vendor named at the time of the shoot. The property, vendor and commissioning agent or agency must be identified in the Usage Details or relevant written agreement.

The Content must not be used for other properties or vendors, ongoing campaigns beyond that single listing or campaign, or any renewed or additional marketing campaign without the Photographer's prior written consent. Extended or multiple usage rights may be subject to additional licensing fees. Please contact the Photographer to arrange those rights before using the Content outside the authorised campaign.

The commissioning agent or agency is responsible for ensuring that all images of the property listing are removed from all online portals within 90 days after property settlement or the end of the vendor's promotional contract, whichever occurs first. This includes the agency's website and any third-party property listing portals to which the images have been supplied. The 90-day removal period does not authorise a new or additional campaign.

The Content must not be reused without the Photographer's prior written consent.

4. Third-Party Use

The licence is granted specifically to the Client and does not automatically extend to other businesses, organisations, contractors, suppliers, project partners or third parties.

The Client may provide Content to designers, advertising agencies, printers, publishers, web developers and similar suppliers solely for the purpose of producing authorised material on behalf of the Client.

This does not grant those suppliers an independent right to use, retain, publish, distribute or license the Content for their own promotional or commercial purposes.

Where another business or organisation wishes to independently use the Content, additional usage rights must be obtained from the Photographer.

5. Resale, Transfer & Sub-Licensing

The Client must not sell, transfer, license, sub-license, distribute or otherwise provide the Content to another party for independent commercial use without prior written permission from the Photographer.

This includes providing Content to third parties involved in a photographed project for use in their own advertising, websites, social media, portfolios or promotional material.

Separate or extended commercial licensing may be arranged by contacting the Photographer.

6. Editing & Modification

The Client must not materially edit, manipulate, retouch or otherwise alter the Content without prior written consent from the Photographer.

Reasonable resizing, compression and reformatting necessary for approved print, digital, website or social media applications is permitted.

Any modification that materially changes the appearance, integrity, subject matter or intended representation of the original photograph requires prior approval.

7. Artificial Intelligence

The Content must NOT be uploaded to or used with generative artificial intelligence, machine-learning or automated content-generation systems for any purpose. Including although not limited to the following:

training an AI or machine-learning model;
generating new images or video;
creating derivative visual content;
image synthesis or style transfer;
inpainting or outpainting;
automated compositing or manipulation; or
using the Content as source or reference material for AI-generated content.

Any proposed AI-related use requires prior written approval from the Photographer and may require a separate licence and additional fee.

8. Licence Commencement

No usage rights are granted until all applicable photography, production and licensing fees have been paid in full and cleared.

Prior to full payment, all Content remains supplied for review or approval purposes only and must not be published, distributed or otherwise used commercially.

9. Usage Outside the Agreed Scope

Any use outside the agreed commercial scope requires prior written approval.

Additional licensing fees may apply where the Content is required for uses including, but not limited to:

use by an additional company or organisation;
third-party marketing / advertising;
resale or merchandising;
product packaging;
paid licensing to another party;
syndication;
substantially expanded campaigns;
exclusive usage rights; or
transfer or assignment of copyright.

The Client should contact the Photographer before undertaking any use where the permitted scope is unclear.

10. Credit

Photographer credit is not generally required for standard commercial use unless otherwise agreed.

Where appropriate in editorial, media or social media applications, acknowledgement as Captured.com.au is appreciated.

11. Photographer's Promotional Use

Unless otherwise agreed in writing, the Photographer retains the right to display and reproduce the Content for the Photographer's own portfolio, website, social media, awards, exhibitions, publications and promotional purposes.

Where a project is commercially sensitive, confidential or subject to an embargo, the Client must advise the Photographer in writing prior to publication.

12. Unauthorised Use

Any use of the Content outside the rights granted under this Agreement may constitute unauthorised use and/or copyright infringement.

Where unauthorised use occurs, the Photographer reserves the right to:

require immediate removal or cessation of the unauthorised use;
terminate the existing usage licence where the breach is material;
charge an appropriate retrospective or extended licensing fee; and
pursue any other remedies available under applicable law.

13. Client Responsibilities

The Client is responsible for obtaining any permissions, property releases, location permissions, model releases or other approvals required for the Client's intended use of the Content, except where the Photographer has expressly agreed in writing to obtain those permissions.

The Client is also responsible for ensuring that any Content supplied to authorised contractors or service providers is used in accordance with this Agreement.

14. Liability

The Photographer will exercise reasonable care and skill in providing the photography services.

To the extent permitted by law, the Photographer will not be liable for indirect, incidental or consequential loss arising from the Client's use of the Content.

The Photographer's total liability under this Agreement will not exceed the amount paid by the Client for the relevant photography services and licence, except where liability cannot lawfully be excluded or limited.

15. Governing Law

This Agreement is governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts of Victoria and any courts having jurisdiction to hear appeals from those courts.

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