Photo / Image Licence Agreement (Australia)

Grant or obtain a licence to use intellectual property in Australia with this comprehensive IP Licence Agreement. Covers copyright works under the Copyright Act 1968 (Cth), registered trade marks under the Trade Marks Act 1995 (Cth), patents under the Patents Act 1990 (Cth), and registered designs under the Designs Act 2003 (Cth). Supports exclusive, non-exclusive, and sole licence structures, royalty and lump-sum payment terms, sublicensing rights, moral rights consent under Part IX of the Copyright Act 1968, and GST compliance.

A professionally drafted Photography Contract for Australia protects both photographers and clients by clearly setting out the scope of services, deliverables, fees, copyright ownership, image licensing, privacy obligations, and cancellation terms in a legally sound document. Whether you are a wedding photographer, commercial photographer, portrait specialist, or event photographer, a written contract is essential to protect your creative work and your income. Copyright in photographs taken in Australia is governed by the Copyright Act 1968 (Cth). Under section 35 of the Act, the person who takes a photograph is the author of that photograph, and the author is the first owner of copyright — unless the photograph is taken in pursuance of a term of employment, in which case the employer owns copyright. This means that a freelance or independent photographer who takes photographs for a client owns the copyright in those photographs unless copyright is expressly assigned in writing. A photography contract that merely delivers images to a client does not automatically transfer copyright. If a client wants to own copyright, this must be stated explicitly in a written copyright assignment signed by the photographer. Most photography contracts grant the client a licence to use images rather than transferring copyright. The scope of that licence — personal use only, commercial use, exclusive or non-exclusive, time-limited or perpetual — should be clearly defined in the contract. For commercial photography, clients often require a broad commercial licence. For wedding and portrait photography, a personal use licence is typical, with the photographer retaining the right to use images in their portfolio. The Australian Consumer Law (ACL), which forms Schedule 2 of the Competition and Consumer Act 2010 (Cth), applies to photography services supplied to consumers. Consumer guarantees under sections 60 and 61 of the ACL require that services be performed with due care and skill and be fit for any specified purpose. These guarantees cannot be excluded or limited by contract. However, section 64A permits a limitation of liability to resupply or refund for services supplied to businesses. Privacy is a significant consideration for photography services involving identifiable individuals. The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) apply to businesses with an annual turnover exceeding $3 million, or to organisations that handle health information or biometric data. Australian Privacy Principle 3 (APP 3) regulates the collection of personal information, and photographs of identifiable individuals constitute personal information under the Act. Even for smaller photography businesses below the turnover threshold, good privacy practice requires obtaining consent before photographing identifiable individuals and being transparent about how images will be used. Where photography involves children, additional considerations arise. A parent or legal guardian must provide consent for the photography of a minor and for the use of images of that minor. Photographers working regularly with children should also consider whether a Working With Children Check (or equivalent) is required in their state or territory — requirements vary across Australia. Cancellation policies are commercially important for photographers who book sessions in advance and may turn down other work to reserve a date. A non-refundable booking deposit compensates the photographer for holding the date and declining other bookings. Scaled cancellation fees that increase as the event date approaches are commercially reasonable and are supported by general contract law principles in Australia, provided they represent a genuine pre-estimate of loss rather than a penalty. Model releases, though not universally required by law in Australia, are important for commercial photography where images will be used in advertising or marketing. Australia does not have a specific image rights or personality rights statute analogous to some US states, but using a person's image in advertising without consent may give rise to claims in passing off, misleading and deceptive conduct under the ACL, or breach of the Privacy Act. A model release clause in the photography contract is prudent for all commercial engagements. For photographers registered for GST, all invoices must be valid tax invoices under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and photography services are taxable supplies attracting 10% GST. The contract should clearly record whether the total fee is inclusive or exclusive of GST.

Create a legally compliant Australian Photo and Video Release granting a photographer, videographer, or production company the right to use an individual's image, likeness, and voice for commercial, promotional, editorial, or digital purposes. This template is drafted in accordance with the Privacy Act 1988 (Cth), the Defamation Act 2005, and the Copyright Act 1968 (Cth), and is suitable for professional photography, corporate advertising, social media campaigns, film and television production, fine art, and community events. In Australia, the use of an individual's photograph or video footage for commercial or promotional purposes engages several distinct areas of law. The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) govern the collection and use of personal information, including photographic images that identify individuals. Australian Privacy Principle 3 (APP 3) requires that an APP entity — meaning a government agency or private sector organisation with annual turnover exceeding AUD $3 million, as well as health service providers and other regulated entities — must collect personal information only with the individual's consent and for a lawful purpose. Australian Privacy Principle 6 (APP 6) requires that the information be used only for the primary purpose for which it was collected, or a permitted secondary purpose. A signed release that clearly identifies the purpose of use satisfies both APP 3 and APP 6 requirements. Australia does not have a statutory right to privacy of image or a general tort of invasion of privacy in the manner of some overseas jurisdictions. However, the Defamation Act 2005 — enacted in substantially uniform form in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory — provides a cause of action for defamation where publication of an image is accompanied by false imputations that damage the reputation of the depicted person. A signed photo release, by confirming the subject's consent to the use of the image, provides a strong defence to any claim of misrepresentation or breach of privacy arising from the use of the content. The Copyright Act 1968 (Cth) is also relevant. While copyright in a photograph vests in the photographer (or employer, if taken in the course of employment) under section 35 of the Act, the moral rights provisions in Part IX of the Copyright Act 1968 (Cth) confer on performers and creators the right of integrity — meaning the right to object to derogatory treatment of their image or likeness. A properly drafted release addresses moral rights consent under the Act, allowing the producer to adapt, edit, or crop the material without attribution unless expressly agreed otherwise. Where the subject of the photography or filming is a minor (under 18 years of age), additional considerations apply. State and territory child protection legislation — including the Children and Young Persons (Care and Protection) Act 1998 (NSW), the Child Wellbeing and Safety Act 2005 (Vic), and equivalent legislation in other jurisdictions — requires that a parent or legal guardian provide consent for the use of a child's image in commercial or promotional materials. This release includes a dedicated parental consent section for minor subjects. The release covers key commercial terms including the scope of the grant of rights (perpetual, worldwide, royalty-free), the permitted uses (commercial advertising, editorial, social media, film and television, fine art), compensation arrangements (if any), privacy rights under APP 12 (access to personal information), and the governing law of the release. Parties should both retain a signed copy of the completed release for their records.

Grant or obtain a comprehensive licence to use intellectual property — including patents, trade marks, copyright works, and technical know-how — in Australia with this professionally drafted Licensing Agreement. Covers exclusive, non-exclusive, and sole licence structures under the Patents Act 1990 (Cth), Trade Marks Act 1995 (Cth), Copyright Act 1968 (Cth), and Designs Act 2003 (Cth). Includes royalty and lump-sum payment provisions, GST compliance under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), sublicensing rights, IP maintenance obligations, improvement ownership, audit rights, confidentiality, limitation of liability consistent with the Australian Consumer Law, and post-term non-competition provisions.

Protect your confidential business information under Australian common law with a legally sound Non-Disclosure Agreement (NDA). Whether you are sharing trade secrets with a prospective partner, disclosing proprietary technology to a developer, or presenting financial projections to a potential investor, a properly drafted Australian NDA keeps your sensitive information under strict legal protection. Our template complies with Australian contract law principles and includes provisions addressing the Privacy Act 1988 (Cth) and the Australian Privacy Principles.