Commercial Rights Licensing and Copyright Agreement
In brief: Commercial rights enables the buyer to use the purchased images for commercial purposes in communications designed to sell their products or services such as a catalog, brochure, or on some other form of advertisement.
Please read this agreement carefully before purchasing any photograph. By purchasing any photograph, you agree to be bound by the terms of this agreement.
All photographs are coved under copyright. Stuart Lyall Photography own the rights to the photographs.
All rights are reserved by Stuart Lyall Photography unless otherwise granted to you. Your rights to use the photographs are subject to this agreement being signed or electronically confirmed and are conditional upon your payment for the photographs to Stuart Lyall Photography. If at any time your account becomes delinquent or payment is delayed, you relinquish all rights to all photographs you have received until all payments and interest are made.
By this Agreement, Stuart Lyall Photography grants you right to use and reproduce photographs in the following ways as outlined below:
1. On web sites, multimedia presentations, and broadcast film and video.
2. In magazines, newspapers, books, eBooks, pamphlets, brochures, catalogues, book covers, textbooks, editorials. CD/DVD cover art, and advertising.
3. In connection with your business identity on letterhead, posters, brochures, or business cards.
If you plan on using photographs for client work, you must keep accurate and detailed records of which clients you have used photographs for.
You agree to indemnify and hold Stuart Lyall Photography, its employees, directors and suppliers harmless against any damages or liability of any kind arising from any use of the photographs other than the uses expressly permitted by this Agreement.
Neither Stuart Lyall Photography or any of its directors and employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any photograph or photographs.
This Agreement shall be governed by the laws of Australia.
Stuart Lyall Photography makes no representations or warranties whatsoever as to the legality or validity of any Release associated with a photograph.
Stuart Lyall Photography makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph.
You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of any photograph have been secured by you.
You may NOT:
1. Use a photograph other than as specified and outline in the preceding section.
2. Use a photograph with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
3. Use a photograph in a way that places a person in the photo in a bad light or depicts them in a way that they may find offensive- this includes pornography, tobacco ads, religious and political endorsements, defamatory, or otherwise unlawful or immoral content.
4. Resell any photograph.
5. Use Stuart Lyall Photography photographs to compete with Stuart Lyall Photography, or its products . This includes, by way of illustration, not by way of limitation, displaying photographs in any format (including thumbnails) for download on a website. Offering Stuart Lyall Photography photographs for sale, or including Stuart Lyall Photography photographs in templates for sale. You may not, for example, create an entire greeting card line based on Stuart Lyall Photography photographs – or use our photographs as the basis for a large collection of objects for sale.
7. Use the photograph in a website template that you plan to sell or transfer to others.
8. Use any photograph as part of a trademark or patent image.
9. Use any photograph as part of a logo.
10. Produce printed reproductions of any photograph on canvas or paper to be sold.
“Non-transferable” as used herein means that except as provided in these terms, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone the photographs or the right to use the photographs. In addition, the work you produce with the photographs must be used for your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any photographs. This may include invisibly watermarking the photograph and identifying that Stuart Lyall Photography owns the image on the document you intend to use the photograph.