1. Copyright
Photography, cinematography and other original works may be protected by Australian copyright law.
Paying for photography or videography does not automatically mean copyright ownership has been purchased.
2. General Ownership
Except where:
- law provides otherwise; or
- copyright is expressly assigned in writing,
copyright in original material created through Akshar Photography will be owned by FreshDynamics Pty Ltd trading as Akshar Photography, or by the relevant creator where applicable, subject to any assignment or licence arrangement between that creator and FreshDynamics Pty Ltd.
Clients receive the usage licence applicable to their project.
3. Private and Domestic Commissioned Photography
Australian copyright law contains special default provisions for certain commissioned photographs made for private or domestic purposes.
Where such photography is commissioned from Akshar Photography, the parties expressly agree that any applicable default ownership position is modified so copyright remains with FreshDynamics Pty Ltd trading as Akshar Photography, or the relevant photographer as specified by the agreement.
The Client receives the licence below.
4. Personal Licence
Following full payment, private clients receive a:
- non-exclusive;
- worldwide;
- perpetual;
- royalty-free; and
- non-transferable except as expressly permitted
licence to use final delivered work for ordinary personal/domestic purposes.
5. Permitted Personal Uses
Examples include:
- downloading;
- backup;
- printing;
- framing;
- albums;
- household display;
- family sharing; and
- personal social media.
6. Personal Restrictions
Without additional permission, personal licences do not include:
- commercial resale;
- advertising;
- sublicensing;
- stock-library submission;
- commercial merchandising;
- commercial branding;
- commercial NFTs;
- commercial AI training datasets; or
- other commercial exploitation.
7. Family Sharing
Copies may be shared with family/friends for their personal use. This does not give commercial rights.
8. Social Media
Personal clients may post delivered material to personal social accounts. Credit to Akshar Photography is appreciated.
9. Commercial Clients
Commercial licence rights are determined through the quotation, project agreement and Commercial, Corporate & Real-Estate Photography Terms.
10. Standard Commercial Licence
Where specified, the Standard Commercial Licence may permit use through:
- the Client's website;
- business social channels;
- brochures;
- presentations;
- capability statements;
- proposals;
- internal communication;
- agreed advertising; and
- reasonable promotion of the commissioning Client.
11. Real Estate
Real-estate images may be licensed for the relevant property campaign. Separate commercial use by builders, architects, suppliers, designers or other parties is not automatically included.
12. Wedding/Event Vendors
Wedding or event vendors wishing to independently use images for their own marketing may require their own permission/licence.
13. Third-Party Licensing
Clients cannot commercially sublicense Akshar Photography material unless expressly permitted.
14. Copyright Assignment
A complete copyright assignment must be specifically negotiated and documented in writing. Additional fees may apply.
15. RAW Files
A copyright licence does not automatically give the Client entitlement to:
- RAW photographs;
- camera originals;
- unedited video;
- unused footage;
- project files;
- editing timelines; or
- production source material.
16. Alteration
Reasonable resizing/cropping for permitted use is acceptable. Clients should not substantially alter an image and falsely represent the altered result as Akshar Photography's finished work.
17. Artificial Intelligence
Unless separately agreed, the Client licence does not permit Akshar Photography material to be used to train commercial generative-AI or machine-learning datasets.
18. Moral Rights
Nothing in this policy is intended to constitute a general waiver of creators' moral rights under the Copyright Act 1968 (Cth).
19. Attribution
Commercial attribution requirements, if any, will be stated in the relevant licence.
20. Portfolio Use
Copyright ownership does not automatically constitute permission to advertise identifiable private clients. Promotional publication is governed separately by consent, releases and the Privacy Policy.
21. Confidential Projects
Agreed confidentiality arrangements will be honoured.
22. Music and Third-Party Content
Third-party music, stock footage, fonts, templates and other material remain subject to their respective licences.
23. Client Material
Clients must ensure they hold appropriate rights to material supplied to Akshar Photography.
24. Metadata and Watermarks
Copyright notices, metadata, credits and watermarks should not intentionally be removed to facilitate unauthorised use or false attribution.
25. Unauthorised Use
Where material is used outside the agreed licence, FreshDynamics Pty Ltd trading as Akshar Photography may:
- request removal;
- request cessation;
- offer a retrospective licence;
- seek an appropriate licensing fee; and/or
- exercise available legal rights.