COPYRIGHT | GREAT SHOTS | ASPA

ACTION SPORTS PHOTOGRAPHY AUSTRALIA TM ©

ALL IMAGES AND ARTWORK CONTAINED ON THIS WEBPAGE IS SUBJECT TO COPYRIGHT

Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of Jeffrey Smith PO BOX 2470 Chermside Centre Chermside 4032 trading as ACTION SPORTS PHOTOGRAPHY AUSTRALIA.TM. Links to Australian Copyright legislation are provided below:

https://www.legislation.gov.au/Details/C2016C00741

https://www.legislation.gov.au/Details/F2016C00343

Our photographs are not licensed for gain, commercial or public use or use in the public domain.

Requests for usage of copyrighted materials should in the first instance be submitted to ACTION SPORTS PHOTOGRAPHY AUSTRALIA. (A Fee will apply)

To be used, the following will apply

First, a request to; and a written reply from ACTION SPORTS PHOTOGRAPHY AUSTRALIA giving permission to use the requested items. Second, credit and acknowledgement to ACTION SPORTS PHOTOGRAPHY AUSTRALIA on each of the items used. (This must include our company name, our contact telephone number and or our web address).

• All the photographs and images on this site are copyright.

• With all copyrighted materials on this site ACTION SPORTS PHOTOGRAPHY AUSTRALIA asserts their moral, commercial and intellectual rights to be known as the author of works produced.

*No license is given nor granted in respect of the use of any copyrighted material on this site other than on ACTION SPORTS PHOTOGRAPHY AUSTRALIA owned websites.

Any rights not expressly granted herein are reserved. Note: We will vigorously pursue unauthorised use of our copyrighted materials.

Your Rights To The Images and License to Use

In relation to and with regards to the work of ACTION SPORTS PHOTOGRAPHY AUSTRALIA. –

Your contract with Us, includes “Home Use Rights” which means that you can use the images for personal, non-transferable and non-commercial uses. You may make as many prints as you like for yourself, or to give away as gifts. You may place low resolution (72dpi) copies of the images on your personal website for viewing as long as prints are not offered for sale; and a credited to ACTION SPORTS PHOTOGRAPHY AUSTRALIA is included.

You may also place low resolution (72dpi) copies of the images on social media websites with credit and acknowledgement to Action Sports Photography Australia

No other person shall be authorized by you to use the images in any form whatsoever. You agree to be held personally liable for the actions of any person who receives an image directly, or indirectly, from you. You may not sell the image files or prints produced from the files whether in original form, or after any amount of alteration. No persons may not use the image files as a basis for the creation of any artworks if that artwork is to be used for any commercial purpose. No rights to these images may be transferred to any other person or company, whether for profit, or as a gift.

The images may not be displayed or printed in any commercial media, for any purpose whatsoever, without written permission from the photographer. If you have a question about any specific usage, please contact the photographer to ask for clarification or permission before proceeding with such use.

In respect of Commercial / Event work, the license and images are agreed prior to assignment.

**** NOTICE**** We do not offer a back-up service for our images, if you have bought digital copies or have been supplied with digital copies of images within your photographic service; you are responsible for the safe keeping of those copies – we strongly advise that you make at least another complete copy of the images and store them safely away.

OUR INTERNAL COMPANY POLICY SO YOU ARE AWARE:

INTRODUCTION

Action Sports Photography Australia is responsible for managing its assets, including its intellectual assets, in a way that maximises their contribution to the goals of the organisation.

PURPOSE

The purpose of this policy is to clarify the status of material subject to copyright used by the organisation, and to remove any possible misunderstandings about ownership of copyright.

POLICY

Production of copyright material

At law, material created by either employees of Action Sports Photography Australia in the course of their employment of Action Sports Photography Australia , irrespective of whether it is created using Action Sports Photography Australia facilities or materials, or during normal working hours, will belong to Action Sports Photography Australia.

*What constitutes the course of employment will be determined by the employee’s position description and usual duties.

An employee’s employment contract may vary the default position of when copyright belongs to Action Sports Photography Australia. The employment contract overrides the default position that exists at law. Employees may be required to sign additional documents vesting or assigning copyright to Action Sports Photography Australia where that material was created by the employee using Action Sports Photography Australia resources and during paid working hours. One example of when this may be necessary is if the employee is required to engage in a project or duties that are outside of their normal employment duties.

If any material was created using Action Sports Photography Australia resources, or during paid working hours, then the onus is on the employee to demonstrate that it was not created in the course of employment. Employees should be aware that performing unauthorised non-work tasks during work hours may subject them to disciplinary proceedings. Where any uncertainty exists, staff are encouraged to discuss this with their supervisors.

Works by independent contractors and volunteers shall be owned in accordance with the written contract under which the work was created. Action Sports Photography Australia shall ensure that there is a written contract for work by an independent contractor or volunteer specifying ownership. At law, unless a written contract specifies otherwise then independent contractors and volunteers will own copyright in everything that they create.

Any dispute between Action Sports Photography Australia and its staff, contractors or volunteers, or between staff, or between contractors or between volunteers, on issues of copyright ownership shall be determined by the organisation’s dispute resolution procedures. Such determination will be subject to the judgement of any court or tribunal.

Staff and volunteers of Action Sports Photography Australia should ensure that every publication of Action Sports Photography Australia, including any books, newsletters, brochures, forms, reports and computer software contains the following statement:

This statement should not be included in normal business letters, invoices, receipts.

Use of copyright material

Staff and volunteers of Action Sports Photography Australia are required to observe all applicable copyright laws and regulations.

Staff and volunteers of Action Sports Photography Australia may use copyright material belonging to or licensed to Action Sports Photography Australia only for the purposes of their work for Action Sports Photography Australia. Where the material is used by Action Sports Photography Australia under licence, staff and volunteers must act in accordance with that licence.

Staff and volunteers of Action Sports Photography Australia may not reproduce, publish, distribute or adapt third party copyright material in the course of their work for Action Sports Photography Australia without the authorisation of the copyright owner. Staff and volunteers may not download or reproduce text, photographs or illustrations found on the internet without authorisation of the copyright owner. This includes for use in internal or external newsletters, reports or presentations. All non-generic images and illustration should be sourced from and with the consent of the creator. Generic images may be obtained from a stock image supplier (eg Shutterstock or iStockphoto).

When reproducing or otherwise using third party copyright material, it cannot be assumed that just because something is on the internet that it is free for everybody to copy and use. This includes images on Facebook or photo sharing websites such as Flickr. Acknowledgement of source of the material does not overcome the need for authorisation; actual authorisation is still required.

The ASPA DIRECTOR is required to institute procedures that will ensure:

a) that all uses of third party copyright materials are recorded, and

b) that all compensable uses of copyright material are appropriately processed.

All materials produced by or on behalf of Action Sports Photography Australia are subject to copyright. Permission to reproduce such materials depends on the category into which they fall.

All materials produced by or on behalf of Action Sports Photography Australia will be classified by ASPA DIRECTOR into one of the following classes:

1. Those materials that are copyright and that cannot be reproduced by any process other than

for the purposes of and subject to the provisions of the Copyright Act and any licensing agreement between the user and Action Sports Photography Australia.

2. Those materials that are copyright and that may nonetheless be circulated and/or reproduced as long as any reproduction features specified credits and disclaimers.

3. Those materials that are copyright and that may nonetheless be reproduced without

conditions.

4. Those materials that are not copyright.

The copyright policies of Action Sports Photography Australia are binding on all staff, whether paid or voluntary. The copyright policies of Action Sports Photography Australia, as amended from time to time, shall be deemed to be a part of the conditions of employment of every employee and shall be included in the orientation material given to every volunteer.

Moral rights

Where it is reasonable to do so, staff and volunteers of Action Sports Photography Australia should ensure that:

a) When reproducing any written material, photograph or illustration, the creator should be

acknowledged where it is appropriate to do so. It is generally appropriate to acknowledge the author of a report or article in a newsletter, but it is not appropriate to acknowledge the creator of a marketing brochure or promotional flyer, or where it is desirable for operational reasons that correspondence be sent out in the name of somebody else (such as in the name of a director, executive or manager).

b) When reproducing any written material, photograph or illustration, a person should not be

falsely attributed as the creator unless it is reasonable to do so. For example some correspondence may need to go out in the name of a director, executive or manager even though it was written by somebody else.