Terms and Conditions

1. Copyright Ownership

All photographs, digital images and other photographic content produced by the Photographer remain the intellectual property of the Photographer and are protected under the Copyright Act 1968 (Cth).

Unless expressly agreed otherwise in writing, copyright ownership is retained by the Photographer at all times. Payment for photography services does not constitute a transfer or assignment of copyright.

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2. Licence to Use Images

Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable licence to use the supplied photographs solely for the marketing, advertising and promotion of the property for which the photographs were originally commissioned.

Permitted uses include:

• Real estate agency websites and property listings.

• Online property advertising platforms, including realestate.com.au and Domain.

• Printed property brochures, signboards and marketing materials.

• Social media advertising relating to the property.

• Other promotional activities directly associated with the property's current sale or leasing campaign.

This licence does not grant the Client ownership of the photographs or permission to use them beyond the agreed purposes.

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3. Restrictions on Image Usage

Without prior written consent from the Photographer, the Client must not:

• Sell, license, distribute or commercially exploit the photographs independently of the authorised property marketing campaign.

• Transfer or supply the photographs to another real estate agency, property manager, builder, developer or third party for their independent use.

• Reuse the photographs for subsequent sales, leasing campaigns or unrelated marketing activities.

• Use the photographs to advertise other properties, products or services.

• Claim ownership or copyright over the photographs.

Any use outside the original licence requires written approval and may incur an additional licensing fee.

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4. Third-Party Use and Transfer

The licence is granted exclusively to the original Client and does not automatically extend to property owners, subsequent selling agents, property managers, builders, developers or other third parties.

The Client may provide photographs to property advertising platforms, printers and marketing service providers where reasonably necessary to carry out the authorised marketing campaign.

Any independent or subsequent use by a third party requires permission from the Photographer and may be subject to additional fees.

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5. Reuse of Photographs

Photographs commissioned for a particular property marketing campaign are licensed for that campaign only.

Where a property is relisted, transferred to another agency, advertised for a subsequent tenancy or marketed for a different purpose, a new licence must be obtained unless otherwise agreed in writing.

The Photographer reserves the right to charge a reasonable additional licensing fee for subsequent use.

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6. Image Editing and Alterations

The Client must not materially alter, manipulate or misrepresent the photographs without the Photographer's prior written consent.

Minor adjustments necessary for advertising layouts, including resizing and cropping, are permitted provided they do not materially change the appearance or representation of the property.

The Client must not remove copyright notices or identifying metadata for the purpose of concealing ownership.

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7. Payment and Licence Activation

The licence to use the photographs becomes effective only upon receipt of full payment for the photography services.

Until payment has been received, no permission is granted to publish, reproduce, distribute or otherwise use the photographs unless expressly authorised in writing.

Where payment remains outstanding, the Photographer may require the Client to cease using the photographs until the account is settled, subject to applicable law.

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8. Unauthorised Use and Copyright Infringement

Any use of photographs outside the agreed licence without the Photographer's permission may constitute copyright infringement under Australian law.

The Photographer reserves the right to request removal of unauthorised images, seek appropriate licensing fees, and pursue any remedies available under the Copyright Act 1968 (Cth).

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9. Photographer's Portfolio and Promotional Use

The Photographer retains the right to use photographs produced during an assignment for their professional portfolio, website, social media and promotional materials, subject to applicable privacy laws, confidentiality obligations and any written restrictions agreed with the Client.

Where photographs reveal sensitive personal information, security features or other confidential details, the Photographer will take reasonable steps to protect the privacy and security of the property occupants.

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10. Copyright Assignment

Any transfer or assignment of copyright must be expressly agreed in writing and signed by or on behalf of the copyright owner.

Unless such an agreement exists, all copyright remains with the Photographer regardless of payment, delivery or publication of the photographs.

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11. Moral Rights

The Photographer retains any moral rights applicable to the photographs under Australian copyright law.

The Client agrees not to falsely attribute the photographs to another creator or subject them to treatment that infringes the Photographer's moral rights.

Nothing in these Terms and Conditions excludes rights that cannot lawfully be excluded.