Terms of Service
Services, including Photography, Video, Floorplans, and Copywriting, are protected by Australian Copyright Law 1968.
USAGE RIGHTS AND LICENCING DETAILS
You agree that the photographer, on behalf of The Picture Desk retains all rights, title and interest, including copyright in the work, including, but not limited to images, floorplans, copywriting, supplied to you ("Work"). In return for the payment of the fee, The Picture Desk grants to you a worldwide non-exclusive licence for a period of 24 months (or as agreed per assignment) to use the Work for the purpose of individual and collective marketing of the subject and/or property depicted. Your usage is limited to web and print media and the size of reproduction must be no greater than A4 (or as agreed per assignment). No assignment or sub-licencing to third parties, including, without limitation, is permitted without the written consent of The Picture Desk. Such licence may be revoked by The Picture Desk in the event that any fees remain unpaid for a period of 14 days. The Picture Desk further grants to you, at its sole discretion, a non-exclusive, worldwide, perpetual licence to use the Work for personal, non-commercial purposes.
IMAGE STORAGE AND DELIVERY
Our images are delivered via an on-line password protected system. This is considered a delivery system and images will be uploaded and stored for 60 days, during which time they should be downloaded to your own archive system. thepicturedesk offers a separate Digital Asset Management (DAM) solution for your images, details on request. As we utilise third party suppliers for Internet access and server solutions, possible outages or downtime of on-line services may be out of our control. We accept no responsibility for any loss incurred as a result or consequence of any third party supply issues.
All images taken by thepicturedesk are archived to multiple storage systems to facilitate future retrieval if required. Additional file retrieval fees may be applicable if requested past the 60-day delivery window.
ARTIFICIAL INTELLIGENCE
Unless we have given the Client express written permission, the Client agrees that they will not:
a) use the Works for the purposes of training, developing, testing or improving any AI System;
b) input the Works into any AI System to create, generate or derive any synthetic, simulated or derivative image, output or content based on or incorporating the Work;
c) use any technology, software, system or tool, including but not limited to computer programs, applications, AI Systems or similar technologies (including for example Photoshop, Midjourney, ChatGPT, Gemini), to crop, recolour, transform, animate, manipulate, composite, edit, retouch, modify or otherwise alter the Work in any manner;
d) Authorise any third party to do any of the above.
In this clause an AI System means any software, system or technology that uses machine learning, algorithms or similar automated processes to generate, analyse, modify or create content such as images, text, video or audio.
COMPANY DETAILS
The Picture Desk Pty Ltd. Also trading as CREATIVE Property Marketing
ABN: 94627000042
We accept payment by cheque (made payable to The Picture Desk) and by eft (preferred) to Bank: Commonwealth Bank: Avalon Beach BSB: 062-108 Account Number: 10305223
ACCOUNTS
If you require credit, a Credit Application Form may be provided for completion. The Picture Desk invoices weekly via email. Please advise if you require a hardcopy via post. Account terms are 14 days and fees may be applied to overdue accounts.
CHANGES TO TERMS AND CONDITIONS
The Picture Desk reserves its right to amend these Terms and Conditions from time to time without notice. Each time our services are booked, customers are encouraged to read through these Terms and Conditions to check for any changes.
Credits and By-lines: When publishing takes place as part of editorial, moral attribution rights must be published next to, or on the same page as the photograph.
Commercial photography Credit/By-line to read: Des Harris/The Picture Desk
Real Estate and Architectural photography Credit/By-line to read: Des Harris/Creative Property Marketing