All purchases of downloadable photographic digital files from this website are subject to the industry-standard, Self-Promotional Usage License described below. Generally speaking, these license terms permit any purchasing organisations to use selected images for their own self-funded, self-promotional purposes. Please read the detailed photography usage terms described below prior to commissioning The Guthrie Project for a shoot or prior to purchasing any existing photography.
After making a purchase from this website, a formal Usage License that includes all terms described below will be made out in the purchaser's name, listing the selected project images. Such a Usage License will then be delivered via email in PDF format to the purchaser.
If you require any usage that is beyond the scope defined here (such as editorial use or exclusive access), please reach out to Ben via the link below to discuss an alternative Usage License prior to making any purchasing decisions.
The Guthrie Project
In accordance with the Australian Copyright Act, the Photographer is the sole author of the photograph/s and/or movie/s (the ‘Images’). The Photographer retains the entire copyright in the Images at all times throughout all territories.
Title to and ownership of all Images inclusive of all reproductive, publication, communication, broadcast, distribution and sales rights remain the property of the Photographer in perpetuity.
Modification of any Images and/or incorporation of any Images in any layout or concept shall not constitute a Joint Work.
The Photographer shall reserve all rights not expressly granted.
All moral rights relating to the authorship of the Images are to be upheld in accordance with the Australian Copyright Act and associated regulations. This includes a requirement of attribution, whereby ‘The Guthrie Project’ or ’Ben Guthrie’ is to be identified as the author of each published photograph, movie, or collection of photographs or movies in a reasonable and clear manner over or within close proximity to any published Images.
Where the Images are displayed via digital media, an active, clickable web-link back to the Photographer’s website or relevant social-media page (@theGuthrieProject) is to be provided.
The integrity of authorship is also to be upheld, whereby the photographic work is not to be treated in a negative or derogatory manner and whereby the reputation of the Photographer is not diminished in any way.
The Licensee shall have the right to use the Images for the purpose described above, for the period of time noted above, throughout the territory described above. A license for ‘Self-Promotional Use’ limits usage of the Images by the Licensee in any manner that is essentially published and/or funded by the Licensee for the Licensee’s own direct-marketing or self-funded promotional purposes. This may include use in tenders, expressions of interest, competitions, marketing emails, email footers, on Licensee websites or Licensee intranets, on Licensee-posted social media, in posters, brochures, printed & digital advertising, company archives/library, portfolios, project sheets, press kits, media releases, in-house marketing, lectures, industry awards submissions and self-promotional audio-visual presentations.
This usage license permits the inclusion of the photographs in any self-published monograph of the Licensee’s work, provided that a copy of such a monograph is provided to the photographer in lieu of a further licensing fee. Any monographs or other printed or digital publications that are funded and published by any third-party publishers will invoke additional usage fees, as described below.
Should the Licensee require license for any other use not described here, then such usage is to be discussed with the Photographer prior to any additional use of the Images, at which point further licensing fees may be payable.
This is a non-exclusive license. This means that other organisations may separately purchase usage licenses for their own separate use of the applicable Images. The license to use the Images is not transferable to any third party without the Photographer’s written consent and may be subject to a further usage fee upon any such transfer. The Photographer retains the right in all cases to use any or all of the Images in any media at any time and in any physical or digital jurisdiction for the purposes of advertising or otherwise promoting his work.
Should use, broadcast or publication of any of the Images be undertaken or funded by any third parties for the commercial gain of any such third parties, such as print, magazine, newspaper, editorial, real estate, advertising, television, film, internet or digital-media publishers or aggregators, the Photographer reserves the right to seek further royalty licensing payments from each relevant publisher.
Similarly, usage by any third parties associated with the Licensee’s project (such as Architects, Builders, Developers, Property Owners, Subcontractors, Interior Designers, Consultants, Product Suppliers, etc.) will be subject to a separate royalty licensing fee.
If providing access to the Images to any third parties, the Licensee is to only provide a web-link to the Photographer’s online web gallery for the relevant project so that licensing fees can be negotiated prior to any such third-party publication. The Licensee may not send, distribute or disseminate any non-watermarked digital copies of any of the Images to any third parties not associated with this agreement.
The Photographer shall not be liable for any legal action, claim, or damages resulting from or arising out of the publication or Licensee usage of the Images. The Licensee shall indemnify and hold the Photographer harmless against all claims, liability, damages or expenses including reasonable legal fees that may arise from the Licensee’s instructions or the Licensee’s use of the Images. Images supplied by the Photographer may not be used in such a way that could be reasonably construed as derogatory, libelous, defamatory or slanderous to persons depicted therein.
The Licensee shall pay all expenses referred to in the relevant invoice for this project. Full payment is required within fourteen calendar days of the date of the relevant invoice or prior to use/publication of the Images, whichever occurs first. The Images may not be downloaded, published, reproduced, broadcast or used by the Licensee in any manner until the invoice has been paid in full.