Image, Video & Audio Licensing Agreement (“Agreement”)
Threefold Studio is a professional studio specialising in the creation of high-quality digital and analogue photography and videography assets. As the original creator and copyright holder of all produced content, we retain full ownership and rights over these assets. Our mission is to deliver exceptional visual content that meets the diverse needs of our clients, while also ensuring the protection and integrity of our intellectual property.
In order to facilitate the appropriate and authorised use of our visual content, we offer a range of licensing options. These licenses grant our clients specific rights to use our photography and videography assets under defined conditions, promoting flexibility and ensuring compliance with copyright laws.
This Agreement outlines the terms and conditions under which the Licensor grants the Licensee the right to use the specified assets. It is designed to protect the interests of both parties, ensuring that the Licensee can effectively utilise the content for their intended purposes while the Licensor’s rights are safeguarded.
By entering into this Agreement, both parties acknowledge and agree to abide by the terms set forth herein, fostering a professional and mutually beneficial relationship.
DEFINITIONS
In this Agreement the following definitions apply:
“Licensor” means Threefold Studio Photography, the entity that owns the copyright and intellectual property rights to the digital and/or analogue assets, including but not limited to photographs, videos, and other visual content.
“Licensee” the individual or entity who enters into this Agreement with the Licensor and is granted a license to use the specified assets. The Licensee is entitled to use the assets in accordance with the terms and conditions outlined in this Agreement and is responsible for adhering to all restrictions and obligations specified herein.
“Non-exclusive” means multiple clients can license the image under different terms.
“Non-transferable” and “Non-sub licensable” means the licensee cannot transfer and/or issue licenses to third parties.
"Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any other product protected by copyright, trademark, patent or other intellectual property rights, which is licensed under the terms of this Agreement.
"Reproduce" means to make copies or publish the whole or any part of the Licensed Material, via any medium and by whatever means, including storage of in digital form or other electronic medium.
"Terms of Service" means the terms governing purchase of goods and services via the website or custom photography or videography services as relevant.
LICENSING OPTIONS
1. Commercial Use License
Threefold Studio Photography grants you a perpetual, non-exclusive, non-transferable, non-sub licensable, revocable and worldwide right to use the Licensed Material.
Permitted Use: The Licensed Material may be used for commercial purposes, including advertising, marketing, and promotional materials. The Licensed Material may be used in the following mediums: print, digital, social media.
Attribution: You are not required to provide credit to Photographer.
Alteration: You may not alter the Licensed Material. You may Reproduce the Licensed Material an unlimited number of times.
This licence is subject to the terms of this Agreement and our Terms of Service. You agree you will not use the Licensed Material in any other manner without our express permission in writing.
2. Editorial Use License
Threefold Studio Photography grants you a perpetual, non-exclusive, non-transferable, non-sub licensable, revocable and worldwide right to use the Licensed Material.
Permitted Use: The Licensed Material may be used for editorial purposes only, including use in news articles, blogs, and educational content. The Licensed Material may be used in the following mediums: print, digital, social media.
Attribution: You are required to provide credit to the Photographer in the following manner - Image credit: Threefold Studio.
Alteration: You may not alter the Licensed Material.
This licence is subject to the terms of this Agreement and our Terms of Service. You agree you will not use the Licensed Material in any other manner without our express permission in writing.
3. Social Media Use License
Threefold Studio Photography grants you a perpetual, non-exclusive, non-transferable, non-sub licensable, revocable and worldwide right to use the Licensed Material.
Permitted Use: The Licensed Material may be used on social media platforms such as Instagram, Facebook, Twitter, LinkedIn, TikTok, and others. The Licensed Material may be used for organic posts only and cannot be used in paid advertisements or be seen to monetise the products and/or services.
Attribution: You are required to provide credit to the Photographer in the following manner - Image credit: Threefold Studio.
Alteration: You may not alter the Licensed Material.
This licence is subject to the terms of this Agreement and our Terms of Service. You agree you will not use the Licensed Material in any other manner without our express permission in writing.
WARRANTY
Threefold Studio Photography warrants that they are the sole owner of the Licensed Material and have the right to grant the Licence and have obtained all necessary model, property or other releases. If Threefold Studio Photography is not the sole owner, they warrant they have been given the rights by the copyright owner to grant this Licence to you. Threefold Studio Photography is solely responsible for all litigation in relation to any trademark, copyright or other intellectual property claims that may arise as a result of the Licence provided in this Agreement. Threefold Studio Photography will immediately take over any litigation, claims or other issues that may arise regarding intellectual property rights, including and in particular, that may arise by use of the Licensed Material in a manner consistent with this Agreement.
COPYRIGHT
No ownership or copyright in any Licensed Material shall pass to you or any other person as a result of the licence provided in this Agreement. Except as expressly stated in this Agreement, Threefold Studio Photography grants you no right or licence, express or implied, to the Licensed Material. You may not falsely represent, expressly or implied, that you are the original creator of the Licensed Material.
INDEMNITY, UNAUTHORISED USE AND TERMINATION
You may at no time use the Licensed Material in a way that infringes third party rights, is defamatory or otherwise may be considered illegal. You shall defend, indemnify and hold Threefold Studio Photography harmless from all damages, liabilities and expenses, including reasonable legal fees, arising out of or as a result of claims by third parties relating to your use of the Licensed Material outside the scope of this Agreement. Any use of Licensed Material in a manner not expressly authorised by this Agreement will result in termination of the Licence and the rights granted hereunder. Upon termination, you must immediately stop using the Licensed Material and destroy or return the Licensed Material to us. We reserve the right to charge, and you agree to pay, a royalty fee for unauthorised use of the Licensed Material.
The Governing Law for the terms of this Agreement is New South Wales and both parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.