Usage Licence

1. COPYRIGHT

The Photographer is the sole author of the photograph/s and/or image/s and/or movie/s (the ‘Works’). The Photographer

retains the entire copyright in the Works at all times throughout all territories. Title to and ownership of all Works inclusive

of all reproductive, publication, communication, broadcast, distribution and sales rights remain the property of the

Photographer in perpetuity. Modification of any Works and/or incorporation of any Works in any layout or concept shall not

constitute a Joint Work. The Photographer reserves all rights not expressly granted herein.

2. MORAL RIGHTS & ATTRIBUTION

Copyright Act. This includes a requirement of attribution, whereby ’Evan Maclean’ or ‘Evan Maclean photography’ is to be

identified as the author of any displayed Works or collection of Works in a reasonable and clear manner within close

proximity to any displayed Works. Where the Works are displayed via digital media, an active, clickable web-link back to

the Photographer’s website (evanmaclean.com) or relevant social-media page (@ev.maclean) is to be provided.

‘Tagging’ alone on social media posts is not a sufficient form of attribution and must be supplemented with written text in

the body of all social media posts that visibly and clearly attributes the Photographer as the author of the Works.

The integrity of authorship is to be upheld, whereby the Works may not be treated in a negative or derogatory manner and

whereby the reputation of the Photographer is not diminished in any way. The Licensee shall ensure that the Works are not

distorted, altered or included within any new work by the Licensee without the Photographer’s prior written consent. The

Licensee is responsible for the proper attribution of any original artwork displayed, presented or incorporated in the Works

wherever the Works are used by the Licensee.

3. USAGE

The Licensee shall have the right to use the Works for the purpose described above, for the duration of time noted above,

throughout the territory described above. A license for ‘Self-Promotional Use’ limits usage of the Works by the Licensee in

any manner that is published and/or funded by the Licensee for the Licensee’s own direct-marketing or self-funded

promotional purposes. This may include use of the Works on Licensee-operated websites or Licensee intranets, on

Licensee-posted social media, in tenders, expressions of interest, marketing emails, email footers, in posters, brochures,

printed & digital advertising, company archives/library, portfolios, project sheets, press kits, media releases, in-house

marketing, lectures, industry competitions or awards submissions (subject to terms below) and self-promotional audio-

visual presentations. This usage license permits the inclusion of the Works 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 licensing fees.

Should the Licensee require license for any other use not described here, then such usage is to be agreed with the

Photographer prior to any additional use of the Works, at which point further licensing fees may be payable. Where the

License has a fixed duration, the Works may not be published, used, displayed or broadcast after the date of expiration;

additional use of the Works beyond the duration of the license may be arranged pending payment of an additional

licensing fee.

4. EXCLUSIVITY

This is a non-exclusive license. This means that other organisations may separately purchase usage licenses for their

own separate use of the applicable Works. The license to use the Works is not transferable to any third party without the

Photographer’s written consent and will 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 Works in any media at any time and in any physical or digital

jurisdiction for the purposes of advertising or otherwise promoting their work.

5. EXCLUSIONS

The following uses of the Works are excluded from this license and are not permitted:

- use or distribution of proof images for self-promotion or marketing. Colour-corrected proof images are for the purpose

of image selection only;

- use by any third party media organisations such as print, book, magazine, newspaper, editorial, television, film, real

estate, internet or digital-media publishers or aggregators for the purposes of editorial, real estate or general media use;

- use by any third parties associated with the Licensee’s project such as Architects, Designers, Interior Designers,

Engineers, Consultants, Builders, Developers, Property Owners, Subcontractors, Real Estate Agents, Product Suppliers,

Materials Suppliers, etc;

- use in any manner for the purposes of training machine learning (commonly known as artificial intelligence) to generate

imagery or any other types of output;

- sub-licensing of the Works to others to reproduce and/or otherwise use the Works;

- removal of any digital file meta-data embedded within the digital Works; and

- any rights other than those described in part ‘3. Usage’, above.

Works may ONLY be entered into competitions or awards programmes that are run by non-profit industry organisations

related to the commissioning client’s professional industry. Works may NOT be entered into competitions or awards

programmes that are run by commercial businesses that manufacturer or supply products or materials. Works may NOT be

entered into competitions or awards programmes or submitted to website platforms where a transfer of copyright or

transfer of license to another party (such as a product supplier or any sponsor of an award programme) is a condition of

entry/submission. Any transfer of copyright or license where another party is given access to the Works for promotional

purposes or use in any manner is strictly prohibited without explicit consent from and remuneration of the Photographer.

Entry of Works into awards programmes IS permitted provided that the conditions of entry to an awards programme do

NOT require any of the copyright/license transfer described above and an accompanying release form is available for the

Photographer to sign as part of the competition or award programme entry submission.

If providing access to the Works 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 use. The

Licensee may not send, distribute or disseminate any non-watermarked digital copies of any of the Works to any third

parties.

6. INDEMNITY

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 Works. 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 Works. Works supplied by the Photographer may not be used in such a way that could be reasonably

construed as derogatory, libellous, defamatory or slanderous to persons depicted therein.

7. PAYMENT AND ACCEPTANCE OF TERMS OF LICENSE

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 and prior to use or display of the Works, whichever occurs first.

The Works may not be published, displayed, reproduced, broadcast, distributed, disseminated or used by the Licensee in

any manner until the invoice has been paid in full. Use of the Works triggers agreement of all terms stated herein.