Copyright & Terms of Use notice for

David Eades Photography / ArtDoir and LLUN Studio

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, you can refer to or see additional details from www.copyright.com.au and www.copyright.org.au.

The owners of copyright in the content on this website (David Eades Photography, ArtDoir and LLUN Studios) may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes.

We may change these terms of use from time to time. Check before re-using any content from this website.

David Eades Photography, ArtDoir and LLUN Studios operate under Australian Copyright Laws. Australian law applies to copying within Australia no matter where the work was originally created, written or published. Similar to copying in the United States is regulated by US copyright law. Australia is a party to a number of international treaties that protect copyright material. These include the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and the Universal Copyright Convention (UCC).

David Eades Photography, ArtDoir and LLUN Studios as the first owner of copyright in a work is the creator, unless the creator has assigned copyright in advance (e.g., to a client or a publisher) within the written contact / agreement / document signed and enacted by all parties.

In the Event of Confusion with works created under David Eades Photography, ArtDoir and LLUN Studios, the following will be the first owner of copyright:

• the creator’s employer, if the creator is an employee (not a freelancer) and created the work as part of their job
• under the release/contract/agreement David Eades Photography, ArtDoir and LLUN Studios retains copyright when a client who commissions a portrait, private photograph (e.g., of a wedding), video or audio recording if involved, although agreement to surrender said copyright or license use may be undertaken

Where the work is the product of a collaboration, the copyright may be jointly owned, the relevant release will define all parties who hold joint ownership with David Eades Photography, ArtDoir and LLUN Studios.

ASSIGNMENT OF RIGHTS

Ownership of copyright rights can be transferred from one person to another by assignment within the purposes of Australian Law in the case when a copyright holder / person dies (under the person’s will, or under the rules that apply when someone dies without a will). The current owner of copyright is David R Eades principal and owner of David Eades Photography, also trading as ArtDoir and LLUN Studio are and claim first owner of copyright and any subsequent transfers of ownership will be managed as stated above.

Abuse of Copyright / Claims Against Use / Unapproved Use

Where a claim against the parties who have:

• Made use of the copyrighted content created by David Eades Photography, ArtDoir and LLUN Studios
• Reused content of any work on/in any form of media which encompasses in whole or in part (e.g. the subject) of the work, without explicit approval granted prior to such use. Use of such work requires the abuser to make full and just (as determined in agreement) restitution as agreed to by David Eades Photography. If such restitution is not made, any legal claims, actions, or post session settlements will ensure the abuser is liable and any and all costs associated in prosecution of the abuse inclusive of any third party fees, costs and judgements.
• Any legal actions will be at the cost of the abuser and will be made in the court structure in Melbourne, Victoria, Australia and not litigated in any other jurisdiction.

Recovery of Damages:

Recovery of damages will be in the following order:

1. The Copyright Holder / Owner of the original work e.g. David Eades Photography, ArtDoir and LLUN Studios
2. Any Other Creative within the team who suffered loss in consequence of the use whom may which to make a claim
3. Model / Subject whose image or likeness which has been used without permission and not covered under the original release / fair use of the original release or contact. This does not in any way diminish the model/subjects protections within the agency (if represented), their own release agreement and/or legal rights.

Again, any civil actions will be at the cost of the abuser and will be made in the court structure in Melbourne, Victoria, Australia and not litigated in any other jurisdiction.

Restitution:

Restitution as agreed to by David Eades Photography prior to any litigation or additional activities may be agreed to prior to civil and/or legal actions. Agreement of restitution within 30 days of agreement is required or actions to recover costs may commence.

If such restitution is not made, any claims, action, or settlements will ensure the abuser is liable and any and all costs associated in prosecution of the abuse inclusive of any other damaged partied, third party (provider) legal fees, costs and judgements.