PHOTO & VIDEO LICENSING TERMS

Applies to all photography, video, drone, and floor plan services provided by Filigrana Photography

These terms explain what you can and can't do with the photos, video, drone footage, and floor plans ("Media") delivered as part of a booking with Filigrana Photography. They're written to be clear and fair, not to catch anyone out — most of this simply reflects standard Australian copyright law and normal real estate industry practice.

1  Copyright Ownership

All Media created by Filigrana Photography remains the exclusive copyright of Filigrana Photography at all times, in line with the Copyright Act 1968 (Cth). Paying an invoice pays for a license to use the Media as set out below — it does not transfer ownership or copyright of the Media itself.

2  License Grant

Once the invoice is paid in full, the Client (the agent, agency, or vendor who booked the shoot) is granted a limited, non-exclusive, non-transferable license to use the Media for the purpose of marketing the specific property the Media was created for ("the Listing").

3  Permitted Use

The license covers use of the Media on:

·  realestate.com.au, Domain, and other property listing portals

·  The agency's own website and social media channels

·  Printed marketing material (brochures, signboards, flyers) for the Listing

·  The agency's internal records relating to the Listing

4  License Duration

The license runs for the duration of the active Listing, or 12 months from the delivery date, whichever is longer. Media may not be reused for a later listing of the same property, or for any other property, without a new agreement.

5  Brokerage-Wide Use

Where a shoot is booked by an agency rather than an individual agent, the license extends to other agents within that same agency for the duration of the Listing. Media cannot be transferred, sold, or handed to another agency, or to an agent taking over an expired, withdrawn, or re-listed property, without a new license.

6  What's Not Permitted

Without a separate written agreement, the Client may not:

·  Resell, sublicense, or transfer the Media to a third party

·  Use the Media to market a different property

·  Submit the Media to stock photography libraries or unrelated commercial campaigns

·  Remove or alter any watermark, branding, or attribution

·  Claim authorship of the Media

7  Photographer's Retained Rights

Filigrana Photography retains the right to use the Media for portfolio, self-promotion, website display, social media, and photography competitions or awards, unless the Client requests otherwise in writing prior to the shoot.

8  Moral Rights

Under the Copyright Act 1968 (Cth), Oscar Filigrana Sinisterra retains moral rights over all Media, including the right of attribution. These rights are personal and cannot be sold or assigned. Reasonable use without individual credit (for example, on a listing portal) is accepted as standard industry practice and does not breach this right.

9  Third-Party Distribution

Once Media is published to a listing portal, it may be re-shared or redistributed by third parties (such as social media re-shares) outside the control of either Filigrana Photography or the Client. This is not held against the Client, provided the Client's own use stays within these terms.

10  Property Access & Permission

Australian law does not require a formal property release to photograph a property. It's the Client's responsibility to make sure Filigrana Photography has permission to access and photograph the property, including any necessary consent from current tenants, owners, or occupants.

11  Drone Operations & Weather

All aerial photography and videography is carried out in compliance with CASA (Civil Aviation Safety Authority) regulations, including standard operating conditions for drones under 2kg. Aerial shots are subject to weather, wind, and airspace conditions on the day and cannot be guaranteed — where conditions make flying unsafe or non-compliant, aerial coverage may need to be rescheduled.

12  Property Preparation & Safety

It's the Client's responsibility to have the property presentable and ready at the arranged time. Filigrana Photography does not provide cleaning, decluttering, or furniture-moving services unless specifically arranged in advance, and reserves the right to decline any part of a shoot that presents a genuine safety risk.

13  Cancellation & Rescheduling

Cancellations and rescheduling are subject to the cancellation fee set out in the current rate card. Filigrana Photography will make reasonable efforts to accommodate a new date where rescheduling is needed, subject to availability.

14  Payment & License Validity

The license granted under these terms is conditional on the invoice being paid in full. Using Media before payment, or after non-payment, is a breach of these terms and may result in the license being withdrawn and an appropriate licensing fee being pursued.

15  Editing & Retouching

Standard editing (colour, exposure, and basic correction) is included in all packages unless stated otherwise. Additional retouching, virtual staging, or other enhancements beyond the standard inclusion are quoted separately.

16  AI & Machine Learning Use

The Client may not upload, process, or otherwise use any Media through generative AI, machine learning, or similar tools — including AI image generators, face-swapping, image-to-video conversion, or dataset/model training — without Filigrana Photography's prior written consent. This includes uploading Media to any third-party platform or service that uses submitted content to train AI systems. Unauthorised use of this kind is a breach of these terms and may result in the license being withdrawn.

17  Limitation of Liability

If Media is lost, corrupted, delayed, or not captured due to equipment failure, weather, property access issues, occupancy problems, or other circumstances reasonably beyond Filigrana Photography's control, liability is limited to the amount paid under the relevant invoice. Filigrana Photography is not liable for indirect or consequential loss, including loss of sale, lost marketing opportunity, or reputational impact.

18  Indemnification

The Client agrees to indemnify Filigrana Photography against claims, losses, or damages arising from the Client's use of the Media outside these terms, or from the negligent or intentional acts of the Client, property owner, tenants, or other individuals present at the property during the shoot.

19  Extended or Additional Use

If the Client wants to use Media beyond what's covered here — in a broader advertising campaign, beyond the license period, or for a different property — please get in touch to arrange an extended license.