Terms Of Use

All photographic images on this website are protected by both International and Australian copyright Law – images may not be archived by the recipients. Images are for editorial use only and may not be on-sold for either personal or commercial use.

 

RYAN FOWLER PHOTOGRAPHY maintains the right to use any images produced for its clients to promote the business of RYAN FOWLER PHOTOGRAPHY and to resell any generic images.

 

What types of licences does Ryan Fowler Photography offer?

 

Ryan Fowler Photography offers two types of licence models: “Editorial” Royalty-Free (“RF”) Licenses and “Commercial” Rights-Managed Licenses. Royalty-free does not mean there is no cost for the licence. Instead, royalty-free means that the licence fee is paid once and there is no need to pay additional royalties if the content is reused. Royalty-free content is licensed for unlimited, perpetual use, and pricing is based on the usage type. Rights-managed content is licensed for specific types of use, and pricing is based on use outlined below and a 12-month licensing period. Extended licenses are available and will be calculated on factors such as size, placement, duration of use, and geographic distribution.

 

How can I use licensed content?

You may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Ryan Fowler Photography are:

 

Royalty-Free

Perpetual, meaning there is no expiry or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Non-Exclusive, meaning that you do not have exclusive rights to use the content. Ryan Fowler Photography can license the same content to other customers. If you would like exclusive rights to use royalty-free content, please contact Ryan Fowler Photography to discuss a buy-out.

 

Editorial

To report a newsworthy event or illustrate a matter of general public interest. You may not use content marked “editorial” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest.

 

Commercial – Rights Managed

To help sell a product, raise money, or promote a company, goods or services. You may use content marked “commercial” for any commercial, promotional, advertorial, endorsement or advertising purpose. You may not use content marked “commercial” on products for resale without the express permission of Ryan Fowler Photography and an additional license. Please contact Ryan Fowler Photography to discuss. This type of content will have a model or property release when marked “commercial” unless otherwise not required.  A licensing period of 12-months is applicable from the date of purchase.

 

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronise, perform, display, broadcast, publish, or otherwise make use of. Please make sure you read the Restricted Uses section below for exceptions.

Restricted Uses.

  • No Unlawful Use.You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.

 

  • No Commercial Use of Editorial Content.Unless additional rights are specified on the Ryan Fowler Photography invoice or sales order, or granted pursuant to a separate licence purchase, you may not use content marked “editorial” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest.

 

  • No Alteration of Editorial Content.Content marked “editorial” may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.

 

  • No Standalone File Use.You may not use content in any way that allows others to download, extract or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

 

  • No Sensitive Use Without Disclaimer.If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for content marked “editorial” that is used in a non-misleading editorial manner.

 

  • No False Representation of Authorship.You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.

 

  • No Resale Of Products From Images With Editorial Or Commercial License(s).No images are to be used on products without express written permission from Ryan Fowler Photography and an additional license for product resale.

 

Restricted Uses – unless additional licence purchased. The following are prohibited without the prior written consent of Ryan Fowler Photography and payment of an additional licence fee:

 

  • No “On Demand” Products.Unless you purchase a customised licence, you may not use content in connection with “on demand” products (e.g., products in which a licensed image is selected by a third party for customisation of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites, as well as sites such as redbubble.com and 500px.com).

 

  • No Electronic Templates.Unless you purchase a custom licence, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

 

  • No Use in Trademark or Logo.Unless you purchase a custom licence, you may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.

 

Who, besides me, can use the licensed content? The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:

 

  • Employer or client.If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of purchase. In other words, if you purchase a royalty-free image, only one of you (and not both) may reuse that image for multiple projects.

 

  • Seat/User Restrictions for RF Content.Please note that seat/user restrictions apply for royalty-free content. You may store licensed royalty-free content in a digital library, network configuration or similar arrangement to allow the licensed royalty-free content to be viewed by your employees and clients, so long as there are no more than 10 users total at any given time. If you require content be available to more than 10 users, please contact Ryan Fowler Photography to purchase additional seat licences.

 

  • You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.

 

User Accounts. You will be responsible for tracking all activity for each user account, and you agree to: (a) maintain the security of all passwords and usernames; (b) notify Ryan Fowler Photography immediately of any unauthorised use or other breach of security; and (c) accept all responsibility for activity that occurs under each user account. Ryan Fowler Photography reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Ryan Fowler Photography determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.

 

Images may not be archived or stored in any database, physical or electronic storage system or image library without express permission in writing from RYAN FOWLER PHOTOGRAPHY

Copyright © of all images remains with RYAN FOWLER PHOTOGRAPHY unless otherwise negotiated.

 

When commissioned, travel & accommodation costs are borne by commissioning client.

All published images must be accompanied by the following photo credit / by-line – ‘Photo: Ryan Fowler Photography’

 

Images published without purchase or authorisation will be charged at the determined usage rate (editorial or commercial) + 50% (fifty percent).

 

The client accepts full liability for all uses and indemnifies RYAN FOWLER PHOTOGRAPHY against all claims for improper, illegal or outrageous uses of original images sourced from RYAN FOWLER PHOTOGRAPHY.

 

The user hereby un-conditionally consents to the terms and conditions as stated above.

Except as otherwise provided herein, RYAN FOWLER PHOTOGRAPHY gives no rights and makes no warranties with regard to the use of names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any Image(s).

 

Unless supplied upon purchase or otherwise agreed in writing, no model, property, team logo, trademark or other releases are delivered by RYAN FOWLER PHOTOGRAPHY in connection with the delivery of Image(s) hereunder.

 

As to any release delivered with an Image(s), RYAN FOWLER PHOTOGRAPHY makes no representation, warranty or guarantee as to its sufficiency with regard to any intended use of the Image(s). You, the client, bears the responsibility of obtaining all necessary model, property, team logo, trademark and other releases, approvals and clearances from third parties prior to using the Image(s).