Resources

Image: © Damien Kook

Australian Copyright Council (ACC) Fact Sheets

Photography & Copyright

This fact sheet prepared by the ACC is for professional and amateur photographers.

This fact sheet outlines the copyright issues most relevant to photographers, and respond to some common questions.

Moral Rights

In this fact sheet the ACC give an overview of the moral rights of individual creators under the Copyright Act 1968 (Cth).

As well as copyright, the Copyright Act created certain ‘moral rights’ that have a unique function in the web of rights that the Copyright Act enshrines. This fact sheet explores the effect, power and operation of these rights.

Websites, Social Media & Copyright

This fact sheet prepared by the ACC gives an introductory guide to copyright law for anyone creating or maintaining websites, blogs, social media pages or any other online platforms that contain content usually protected by copyright, such as images, photographs, music, video, text and other material.

Editors & Copyright

In this fact sheet the ACC discuss the copyright and moral rights issues that are most relevant to people who edit textual material.

Fair Dealing

This fact sheet prepared by the ACC utlines the fair dealing exceptions in the Copyright Act, who can use them and how they apply.

The Copyright Act 1968 (Cth) allows people to use copyright material without the copyright owner's permission in certain situations, including fair dealing for specific purposes.

Artificial Intelligence & Copyright

In this fact sheet, the ACC consider copyright in relation to artificial intelligence (AI) and computer-generated works.

Social Media Help

Posting on Instagram

Under Instagram's Terms of Use and Community Guidelines, you can only post content to Instagram that doesn’t violate someone else's intellectual property rights. The best way to help make sure that what you post to Instagram doesn't violate copyright law is to only post content that you’ve created yourself.

Posting content that facilitates copyright infringement through unauthorised devices or services is also not allowed on Instagram.

Posting on Facebook

Under Facebook’s Terms of Service and Community Standards, you can only post content to Facebook that doesn’t violate someone else’s intellectual property rights. The best way to help make sure that what you post to Facebook doesn't violate copyright law is to only post content that you've created yourself.

You might be able to use someone else's content on Facebook if you've received permission from them, for example by obtaining a licence.

Report a Copyright Infringement – Instagram

If you believe content on Instagram is infringing your copyright, you can report copyright infringement by filling in a form.

Report a Copyright Infringement – Facebook

If you believe content on Instagram is infringing your copyright, you can report copyright infringement by filling in a form.

Charging Survey

Results

In late 2023 and early 2024, IMAA conducted an open survey within the Australian professional photography community to gather insights on income. The responses revealed a wide variety of perspectives on managing a creative business. These differences were influenced by factors such as personal living situations, geographic location, years of experience, the nature of the work, team size, client types, usage levels, and individual business approaches

Awards & Photo Competition Guidelines

Photo competitions and design awards are great. They are a wonderful way to showcase the work of photographers, other image-makers and designers more generally. They provide a platform for excellence in photography as well as for recognition of strong design outcomes for those who commission photography of physical design work. However, many of our members have been noticing an unfortunate and growing trend for the terms and conditions of such competitions and awards programmes becoming so onerous and over-reaching that they are reluctant to permit use of their imagery in some competitions. The guidelines that follow seek to establish a way to recognise and establish fair, realistic and workable principles for those who are considering entering their work into design or photo competitions as well as for those organisations who run such competitions.

If you are a photographer who is considering entering a photo competition, or if you have been asked by your commissioning client to provide approval to enter your copyrighted work into a design award programme, then you should review the terms and conditions against the principles outlined below. This will help to ensure that your moral rights and copyright are adequately protected whilst avoiding overreach by competition organisers. In the event that the entry terms do not meet these principles then Image Makers Association Australia would suggest either not entering your work into such a programme or consulting with the organisers to request that they amend their terms of entry. If you are a member of Image Makers Association Australia we would be happy to reach out to the organiser to advocate on your behalf.