Duke imagery

The online portfolio of Australia photographer Dave Newcombe and the tales of his adventures.

How long do prints take?

We do not keep any product in-stock and all stock will need to be order on a case by case from our suppliers. Canvas prints can take up to 15 business days to arrive at the studio for redistribution, prints are usually available within 48 hours. All ready to frame prints do not include frames, matting, or framing services, however if you wish we can attain a quote for you within 24 hrs.

How long are download available for?

Downloads are restricted and will expire after 90 days, please ensure you have your image prior to that time.

How is postage calculated?

Duke imagery employs an automated postage calculation system that uses  Australia Post API to determine pricing. All items to be posted is based on a per item basis, however we do reserve the right to package items or separate them to achieve the best possible shipping package.

Do you accept returns?

If there is a quality issue with any product you must notify Duke imagery within 48 hours, and return the product within 7 days, once the item is returned we will work with you to determine the best course of action to be taken. If the product is a personalised product such a portrait print, or canvas a refund can not be issued however we will work with you to achieve a suitable outcome. No refunds or exchanges are available on digital downloads.

Do you check for quality?

Print quality will be looked at by Duke imagery prior to dispatch of initial items, if there is any concerns with print quality you can contact us directly by email  so that we can try and resolve any concerns you may have. Please understand it is our intention to provided you with the best quality image, however we use a third party suppliers to print materials and this may take some time to resolve.

We would like to engage you as our photographer, whats next?

Before we have a photo shoot we would like to sit down and have a consultation with you. During this consultation we will discuss ideas, times, locations, and over all plans.

What is a “ready to frame print” ?

It is simply a high quality paper print that can be mounted and framed. We do not at this time provide a framing or mounting service, but it is in our future plans.

Something has come up, can we cancel our shoot?

No one likes to change plans, but we do understand that from time to time things out of everyone’s control can happen. As such if you wish to makes changes to your bookings we will accept them up to the day proceeding the shoot. Cancellations will only be accepted up to 48 hours proceeding the shoot, any cancellations within that time will incur a 100% service fee, if you postpone and then continue to cancel this will still incur a 100% service fee. Special considerations will be given in extenuating circumstance; you will need to discuss these with Duke imagery. If for some reason Duke imagery can not reasonably achieve the shoot (ie conditions or emergencies) we will reschedule a shoot for another place, day, or time that works with your schedule at no cost to the client.

Unless directly specified prior to the signing of the commissioning contract there is the reasonable expectation that any images captured by Duke imagery maybe used as reference material, portfolios, and on blogs. These images however will not be used for any commercial gain, resales, circular purposes unless authorised. We do respect the right to privacy, so of course if you ask us not to show these images we will happily comply with your request.

 


COPYRIGHT INFORMATION

Copyright is the system under which artists and content creators have their productions protected, you might say It’s a form of protection for all of your intellectual property. The system allows the artists opportunities to be financially rewarded for their works by selling licences at their discretion.

In Australia we do not have a registration system; copyright is automatically applied to the content regardless of the media type, and with the necessity of applying for it. While it isn’t necessary to apply for copyright there are agencies that will help you manage your copyright licencing, and help enforcing your copyrights ownership. If you would like to read more about copyright you can head over to the Legislation website and read the Copyright Act 1968 or you can read a little more just below here.

WHAT COPYRIGHT APPLIES TO

Copyright is a form of intellectual property embodied in Australian law in the provisions of the Copyright Act 1968 (Cth). The Act applies to certain materials, including literary works, dramatic works, musical works, artistic works and other subject matter such as films, sound recordings, broadcasts, published editions. The copyright in each type of work or other subject matter has independent existence. For example: copyright may subsist independently in a literary work, a film based on the work and a broadcast of the film. Three different copyright owners may own these three different kinds of copyright. Similarly, for a compact disc, there may be a separate copyright in the lyrics, the composition and arrangement of the music and the sound recording of the work. Any dealings in such material must recognise all relevant layers of copyright. In case of doubt it is advisable to obtain legal advice. It is important to understand that copyright protects the skill and labour involved in a particular expression of ideas in a physical medium, not the information or ideas as such. In this respect it is dissimilar to the law relating to confidential information. No particular level of literary or artistic merit is required for copyright to subsist in a work. However single words, slogans or titles are not sufficiently substantial to be protected as works. They may be protected by other legal means, such as a trademark or under the Trade Practices Act 1974 (Cth).

RIGHTS OF COPYRIGHT OWNERSHIP

The copyright conferred by the Copyright Act is a bundle of exclusive rights in relation to the work or material in question. They include the rights to copy or reproduce the work, to make an adaptation of it, to publish it, to perform it in public, and to broadcast it to the public. In some cases the copyright owner also enjoys an exclusive right to transmit the work by cable to subscribers, or to commercially rent copies of the material. Note that the delivery of a training course may constitute a performance for the purposes of the Act.

Copyright is a form of property. However it relates to an abstraction — the work or material in question; and should be distinguished from ownership of the physical medium in which the material is expressed. It is an infringement of copyright to do any of the acts listed above without the permission of the copyright owner. An infringement need not involve the whole of a work in question; it is an infringement to take a substantial part of the work.

WHO OWNS COPYRIGHT

In general the copyright owner is the author/creator/maker of the work in question. However a work created in the context of employment is owned by the employer. A work created by a contractor is owned by the contractor. However as part of a standard contract from Duke imagery all ownership and rights are transferred to the  creator and released from the employer.

The Act does not require the completion of formalities (such as publication, registration or the payment of fees) in order to obtain protection in Australia, or any other country which is also a party to an international copyright treaty. Copyright protection is granted automatically from the time an original work is created.

Like other forms of property, copyright can be assigned to a new owner, or use of the copyright material can be licensed either exclusively or non-exclusively or may be assigned to a new owner. For example rights may be assigned using a Creative Commons licence. Assignments and licences may be qualified by reference to time, territory and other factors.

EXCEPTIONS & ADDITIONAL RIGHTS

The Act provides certain defences and exceptions to copyright infringement. These include a number of so-called statutory licences, under which copyright acts that would otherwise be infringing are permitted, usually subject to payment or some remuneration.

Under the Act, performers have the right to prevent the unauthorised recording, broadcasting or cable transmission of their performances. As of 1 January 2005, they also share ownership in the copyright in the sound recording of a live performance. Performers may also prevent certain dealings in unauthorised recordings of their performances, such as broadcasting, cable transmission, copying, sale, hire, distribution, importation, possession and use of an authorised sound recording on the sound track of a film (synchronisation right). These rights are unassignable; they do not currently amount to a form of copyright.

In addition to the exclusive rights referred to above (sometimes called economic rights), the Copyright Act provides certain non-economic rights (moral rights). The creator of a work is entitled to be acknowledged as such and to object to derogatory treatment of the work. There are also provisions relating to false attribution of authorship.

This information has been sort from creativecommons.org.au and to read the act you can head to legislation.gov.au

DEFINITIONS

  • Supplier means the photographer, videographer, assistant or any person engaged to provide service in meeting an Agreement.
  • Client means the person(s) named in an Agreement purchasing services from the Supplier
  • Expense means any expenses incurred by the Supplier and to paid by the Client in accordance with Para 3.4 of this Agreement.
  • Fee means the total fee specified in an Agreement
  • GST as defined by the “A NEW TAX SYSTEM (goods and services) ACT 1999.
  • License means the license granted by the Supplier to the Client for Uses or the Media as specified in the applicable license documents.
  • Services  are the actions that must be undertaken by the supplier for the fee and will be defined within an Agreement or briefing document.
  • Brief  specifies the details of the a Project being undertaken by the supplier and is created in consultation with the client and forms part of an Agreement.
  • Media means any photograph, video, words, text, or content created for this project in both physical or digital forms.
  • Term is a defined period of time.
  • Territory refers to a location or locations in which an Agreement applies
  • Uses defines what a client may or may not do with any media copyrighted by Duke imagery, these uses maybe negotiated for an additional fee and a copyright licence will be issued these uses will b the granted permissions under a copyright licence issued by the Supplier to the Client for use of the Media as described in the applicable license documentation.

ENGAGEMENT AND SERVICES

  • All agreements are stated between the Supplier (Photographer) and the Client (Employer) where the Client wishes to engage the Supplier and the Supplier accepts the engagement to:
  • Provide the services to the Client;
  • Produce the media; and
  • Upon full payment of the fee and the expenses, the Supplier will grant the Client a license on the terms set out in this agreement.

PAYMENT, FEE AND EXPENSE

  • The Client agrees to pay the Supplier the Fee and Expenses (plus GST or applicable taxes) to the Supplier.
  • All amounts payable under this Agreement are exclusive of GST. If any amount payable under this Agreement is the consideration for a taxable supply under GST law, the GST, calculated in accordance with the GST legislation must be pain in addition to the amount specified in this agreement at the same time and in the same manner as the Fee and Expenses. All stamp duties and government charges, if any, arising out of or incidental to this agreement are the responsibility of and must be paid by the Client.
  • The Fee for each agreement shall be stated clearly within itself and is subject to negotiation only prior to the signing of any agreement. It shall also state a due date in which all fees and expenses must be paid in full by that date.
  • A None Refundable (NR) deposit of 25% of the total Fee and Expenses is required at the time of signing any Agreement.
  • Under all Agreements the Client is liable to pay all reasonable expenses incurred in the production of the Media for the Project.
  • These expenses shall be in addition to the Fees outlined in para 3.3 and must be paid in full at the same time and in the same manner as the Fee by the Due Date;
  • An itemized report should be supplied as part of the invoice.
  • Outstanding Fees and Expenses not paid within 28 days of the Due Date in accordance with this Agreement shall be collected by a recover agent, any subsequent recovery charges will be the responsibility of the Client.

GRANT OF RIGHTS

  • In consideration of the full payment of the fee and expenses by the Client, the Supplier shall grant the Client the license to use the agreed Media for a set duration of time (hereinafter referred to as the Term) throughout a particular location or state (hereinafter referred to as the Territory). The license is not granted until such time as payment has been received in full, and this document has been signed by the Parties.
  • The Supplier asserts all moral rights attached to the Media, unless expressly provided for in the addendum, and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Media without the prior written consent of the Supplier unless otherwise stated in the addendum or provisioning license.
  • Notwithstanding the license granted under this Agreement, the Supplier reserves the right to use the Media during the term in the territory for the purposes of promoting and marketing the Supplier’s portfolio, on the Supplier’s website, and in galleries or in competition. The Supplier expressly reserves all other rights subsisting in the Media not specifically granted in this agreement.
  • If the Client wishes to extend or amend the use, Term, or Territory of the license granted under this Agreement, the Parties shall negotiate a fee at that time.

INTELLECTUAL PROPERTY

  • The Supplier is the owner of the intellectual property created by the Supplier in the course of this Agreement, including but not limited to photographs, video, digital or electronic material, transparencies, negatives and prints.
  • The Supplier will have all rights and ownership of any and all Media created by the Supplier under this Agreement. Rights shall be transferred to/ retain by the Supplier, the Client will retain no interest or be assigned any license to any content, media, photographs, or video created by the Supplier unless specified under the addendum.
  • The Supplier shall be responsible for storing any Media for 90 days after Project date, after which the Supplier may cease those that responsibility.

SUPPLIER’S INTERPRETATION

  • The Parties agree and acknowledge that the details of the Services, Media and/or works the subject of this Agreement have been discussed by the Parties and are described in the applicable brief. It is further acknowledged that in the event the Client or the Client’s representative is not present on the Project date(s) at the Location specified in the brief, then the Supplier’s interpretation of the Services shall prevail.

WARRANTY AND INDEMNITY

  • The Client warrants to the Supplier that:
  • They have the capacity and authority to enter this Agreement;
  • They have obtained the necessary clearances in relation to the subject matter outlines in the applicable brief;
  • They will only use the Media in accordance with the license granted under this agreement.
  • The Client agrees to indemnify the Supplier against any actual and direct loss, claim, injury, or damage (including and reasonable legal costs or expenses properly incurred) by the Supplier as a direct result of breach by the Client of the above warranties.
  • Media relating to the Project is at the sole artistic discretion of the Supplier. The Client acknowledges that no shots throughout the project are guaranteed; however, all best efforts may be made.

CANCELLATION

  • If the Client cancels the Agreement prior to a specified Cancellation Date the Supplier reserves the right to charge the Cancellation Fee equal to the None Refundable deposit. In the event the Client cancels or postpones after the Cancellation Date, the Supplier reserves the right to Charge the Client the full Fee and Expenses or part thereof.
  • The Client acknowledges the Supplier may postpone the Project Date at any time without repercussion or prosecutions in the reasonable event circumstance prevail that the Project cannot be completed.

TERMINATION

  • An Agreement may be terminated if:
  • The Client fails to pay any part of the Fee or Expenses;
  • The Client is declared bankrupt, enters into administration or into liquidation; or
  • The Client is in breach of this Agreement and has failed to rectify the breach within a specified time period after receiving notice from the Supplier of such breach.
  • Immediately upon termination:
  • All rights in the Media and/or related work(s) are reverted/or transferred to the Supplier;
  • The Client shall return all physical property including but not limited to any digital media, or equipment ; and
  • All Fees and Expenses owed to the Supplier under this Agreement must be paid in full.

EXCLUSIVITY

  • The Supplier shall be the exclusive professional photographer or videographer retained by the Client for the purpose of the Project outlined in the brief.
  • If the Project is at events such as, but not limited to, weddings, engagements, or parties invited guests of the Client shall be permitted to photograph at the event except in the following circumstances;
  • Where the Suppliers duties are deemed to be interfered with;
  • When arranged poses by the Supplier are taking place;
  • Where there is limited space available in which to operate;
  • At such events the Client shall adequately inform all guests of the conditions outlined in para 9.2, failure to do so may:
  • be deemed a breach of this Agreement; or
  • Warrant no guarantee of quality or quantity of product.

SOCIAL MEDIA

  • The follow relates only to the intellectual property(IP)/copyright material of Duke imagery, we do not assume the rights over any other content.
  • IP distributed to any social media platforms is covered by copyright law and all rights and ownership remain that of Duke imagery;
  • IP shared to social media platforms by Duke imagery maybe shared by any user within the same social media platform but must not be altered, redesigned, or form an adaptation of the original content, this includes cropping, or altering of any watermarks;
  • IP content that is shared or redistributed shall acknowledge and credit the work of Duke imagery and working links to our profile is required unless shared directly from the artists profile page;
  • IP content on social media is intended for nor fit for distribution or use in any form other than where previously stated by any party other than Duke imagery;
  • Where IP content is broadcast to other users through the use of tags, or hashtags, Duke imagery does not agree to any terms or conditions that may or may not be stated and does not agree to the any use other than what has been previously stated;
  • Where IP is shared on platforms that maybe deemed as public display, for commercial use, for business use, or where a profit or potential profit maybe made through the use of that IP a licence must be attain from Duke imagery;
  • Where a breach of IP has been established by Duke imagery the user will be notified immediately of the breach and the user will have 48 hours to resolve the breash or remove the IP content.

MISCELLANEOUS

  • The Agreements constitutes the entire understanding between Parties and may not be modified, amended, or otherwise altered unless agreed in writing between the parties.
  • If any provision of an Agreement is found to be invalid under the law, the remaining provisions will remain in full force and affect.
  • Each party must do all the acts and execute all documents as necessary to give affect an Agreement.
  • The Client must not assign or sub-license all or any of its rights in any Agreement without prior written consent of the Supplier.
  • The Agreement must be read and construed according to the laws of the state where the Project is executed. The Parties submit to the jurisdiction of that state.

ADDENDUM

  • Maybe made up to and including the time of signing if both parties are in agreement, they shall be in the provided space below or attached to the Agreement using an applicable document;
  • Each addendums must be signed by the Parties individually to acknowledge their understanding of the singular addendum