Austockphoto is an artistic community that supports photographers, illustrators, agencies and organisations by providing a collection of locally-sourced images at a fair price for all.
Apply nowIf your images tell a story about contemporary Australia, we would love to hear from you.
Your application will need to include access to an online portfolio; this can be a website or Instagram link or an album link such as one created in Pixieset.
Please note that submissions are reviewed on a quarterly basis; if you don't hear back from us straight away it may be that your application has been added to an upcoming intake.
Photographs, video / audio-visual footage, and other images submitted by the Owner to Austockphoto from time to time via www.austockphoto.com.au/login (or other URL operated by Austockphoto), and accepted by Austockphoto (at its sole discretion) for inclusion in the catalogues of images (“the Catalogue”) made available by Austockphoto to third parties (“Customers”) who may wish to purchase the right to use images.
The Owner hereby grants Austockphoto the following rights as an exclusive worldwide licence:
(a) Catalogue Rights:
The Right to communicate the Works to the public via any website, social media platform or other portal owned, operated, controlled or authorised by Austockphoto or to publish copies of the Works in physical form, for the purpose of promoting the Works to potential Customers.
(b) Customer Licence Rights
The Right to grant Customers non-exclusive licences, worldwide in perpetuity, to reproduce, publish, communicate to the public and otherwise exploit the Works in all media now known or yet to be invented, in accordance with the standard terms and conditions published by Austockphoto from time to time.
(c) Promotion Rights
The Right to communicate the Works to the public via any website, social media platform or other portal or to publish copies of the Works in physical form, for the purpose of promoting the Works, Catalogue, Owner and/or Austockphoto.
This Right will include the right to publish the approved name, likeness and biography of the Owner.
(d) Adaptation Rights
The Right to adapt, edit, manipulate, synchronise and other otherwise combine the Works with other works and subject matter for the purpose of exploiting the other Rights granted in this Agreement.
In particular, the Artist notes that Austockphoto may publish thumbnails or low-resolution copies of Works in the Catalogue.
(a) may not be credited or attributed in connection with any use and exploitation of the Works under this Agreement;
(b) will not have any claim or entitlement in respect of any work or subject matter incorporating a Work that might be created by a Customer pursuant to a Customer Licence.
The Owner hereby irrevocably consents to use and exploitation of the Works under this Agreement and agrees that he/she will not make any claim that any action of Austockphoto or any Customer with respect to the Works is an infringement of any moral rights or similar rights.
Austockphoto may assign, licence or otherwise deal with its rights under this Agreement at its sole discretion.
Exclusive Works:
The Owner is entitled to exercise the following rights in the Exclusive Works:
(a) display the Works on Owner’s website and any website, social media platform for the purpose of promoting the Owner, and securing further engagements; and
(b) sell, or offer for sale, hardcopy photographic prints of the Works (but not, for the avoidance of doubt, electronic, digital or soft copies of the Works, which right is reserved exclusively to Austockphoto).
The Owner hereby undertakes that he/she will not, and will not grant any third party the right to, during Term otherwise exploit, display or publish the Works by any other means or in any media without the prior written approval of Austockphoto.
The Owner will contact Austockphoto to seek written consent if he or she wishes to do anything with the Works, which is not provided for in this section. Where a third party wishes to exploit rights in the Works, the Owner will refer them to the Austockphoto website.
Except as granted to Austockphoto in this Agreement, copyright in the Works is reserved to the Owner.
The Owner is entitled to exercise the following rights in the Non-Exclusive Works:
(a) display the Works on Owner’s website and any website, social media platform for the purpose of promoting the Owner, and securing further engagements; and
(b) sell, or offer for sale, hardcopy photographic prints of the Works as well as electronic, digital or soft copies of the Works.
Except as granted to Austockphoto in this Agreement, copyright in the Works is reserved to the Owner.
As full consideration for the grant of Rights by the Owner under this Agreement, Austockphoto will pay the Owner 50% of the gross Exclusive Basic Licence fees, 75% of the gross Exclusive Additional Licence fees and 25% of the gross Non-Exclusive fees, paid by Customers and actually received by Austockphoto, less only:
(a) bank, credit card and other transaction charges; and
(b) Goods and Services Tax or any other sales or value added tax incurred in connection with any licence granted.Austockphoto will make statements available to the Owner at least monthly in arrears, where Licence Fees in excess of AUD$20 are payable to the Owner. Any payment then due to the Owner will accompany the statement. Licence Fees below $20 will carried forward to the next accounting period.
If GST is payable in respect of any supply made by the Licensor under this agreement, then it will be paid in addition to the Fee, subject to provision of a valid tax invoice by the Licensor.
It is the responsibility of each photographer to check their GST reporting obligations with their respective accountant/tax adviser. Austockphoto is not liable for providing any GST advice to a photographer.
The Owner agrees that the liability of Austockphoto under this Agreement in respect of any Work, is limited to an amount equal to the Licence Fee paid or payable to the Owner in connection with use of that Work under this Agreement.
This agreement commences on the initial acceptance of a Work by Austockphoto, and will continue until terminated by either party with 30 days' notice to the other.
Austockphoto may withdraw any Work(s) from the Catalogues at its discretion, and without notice to the Owner. The Owner may request Austockphoto withdraw Work(s) from the Catalogues and the work will be removed within 7 days.
Upon withdrawal of a Work or termination of the Term, Austockphoto will use best endeavours to remove all Works from the Catalogue and to cease exercise of the Promotion Rights.
The Owner acknowledges that notwithstanding any termination or expiry of this Agreement or withdrawal of any Work from the Catalogue:
(a) any Customer Rights licence granted during the Term will survive for its full duration;
(b) Austockphoto will retain the exclusive Customer Licence Rights for a further 90 day period for any image that has been exclusively licensed to us.
(c) the warranties and indemnities given by the Owner will remain in effect.
The Owner warrants that:
(a) he or she owns all rights, including copyright, in the Works;
(b) he or she has the full power and authority to enter into this Agreement and there are no restrictions that prevent the Owner from granting the rights under this Agreement;
(c) he or she has obtained all necessary licences or permissions in relation to any models, locations, or copyright works and subject matter that may be featured or incorporated into the Works, and is not in any way violating the rights of any third party by granting the Rights under this Agreement;
(d) submitted Works are free of any digital rights management, electrontic security or copyright control mechanisms, and are not infected by any virus or malicious software; and
(e) no fees, residuals or royalties will be payable by Austockphoto to any third party in respect of the exploitation of the Works, except as expressly provided for in this Agreement.
and the Owner indemnifies Austockphoto against all claims, losses, liabilities, damages and costs (including legal costs) arising out of any breach of these warranties.
The Owner will notify Austockphoto immediately in the event if they become aware of any breach (or potential breach) of the above warranties.
The Owner indemnifies Austockphoto (and it’s licensees) against all claims, losses, liabilities, damages and costs (including legal costs) arising out of any breach of these warranties.
The parties enter into this Agreement as independent contractors and nothing in this Agreement will be construed to create a relationship of employer and employee, partnership, or joint venture.
These terms constitute the entire agreement between the parties, and supersede all prior agreements, understandings and representations. Austockophoto may update these terms from time to time and provide written notice to you.
This Agreement will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.