Conditions of use for Australian War Memorial collection materials

Your use of this Site is subject to these Terms as updated from time to time. By using the Site, you agree to comply with and to be legally bound by these Terms.

Definitions: 'Material' means any and all artwork, images and/or film footage licensed to you via this Site (including any reproductions); 'Memorial' means the Australian Government as represented by the Australian War Memorial; 'News and Current Affairs' means reporting the news or current affairs and does not include use in any documentary (whether standalone or part of a series); 'Production Fees' means the costs recovered to supply the Material; 'Site' means this website; 'Terms' means these terms and conditions of use; 'User Fees' means the fees applicable to your use of the Material under these Terms; 'you' means you, the user of this Site, and where applicable, your employer or principal (if you are acting as an agent).
Authorisation: Subject to these Terms, the Memorial authorises you to access and use the Material solely for the purpose of News and Current Affairs for a period of no more than 30 days. No further reproduction, storage or use of the Material may be undertaken without prior written permission from the Memorial.
User Fees: You must pay the Production Fees and User Fees applicable to your use of the Material under these Terms unless the Memorial exempts payment under clause 4. You acknowledge and agree that your payment of the Production Fees and User Fees under these Terms is independent of the copyright status of the Material.
Exemption from payment: You are entitled to download up to four images and one minute of footage free of any Production Fees or User Fees. The Memorial will determine on case by case basis whether any additional access to, or use of, Material on this Site is subject to the payment of Production Fees and/or User Fees, and this will depend on the relevance of the specific News and Current Affairs to the Memorial. If your use of the Material promotes the Memorial (in broadcast, online and print), the Memorial may (but is not obliged to) exempt you from payment of the User Fees.
Acknowledgement: When using the Material under these Terms, you agree to acknowledge the Memorial by including the words: 'Courtesy of the Australian War Memorial' and the accession number below or adjacent to the Material and to comply with any other attribution requirements specified in these Terms or otherwise notified to you by the Memorial. Artwork/images: In the case of Material consisting of artwork or images, caption details will be supplied by the Memorial and you should display these legibly and in close proximity to the Material. Video footage: Where Memorial film footage is used, the Memorial must be credited in a manner that is clear and reasonably prominent.
No exclusive rights: Authorisation to use the Material under these Terms does not confer exclusive rights of any kind nor imply the transfer of any copyright to you.
No sublicensing/transfer: You agree not to sublicense or transfer the whole or any part of your rights under these Terms.
Third party material: Notwithstanding the authorisation given in clause 2, you must obtain written permission from a third party owner of copyright in the Material to use it in accordance with the Media Purpose. If requested, you agree to immediately provide the Memorial with documentary evidence of all permissions obtained prior to your use of the Material. If you cannot identify or locate the third party copyright owner and/or obtain written permission from them, you agree to indemnify the Memorial against any and all claims, liability, costs or actions arising directly or indirectly from your use of the Material.
Moral rights (attribution/false attribution): When using the Material under these Terms, you agree to attribute authorship of the Material (including the author of artwork/images and the makers of a film) in a manner that is clear and reasonably prominent. You also agree not to falsely attribute authorship of the Material.
Moral Rights (integrity): You must not alter, crop or overprint Material consisting of artwork or images in any manner whatsoever without the prior written approval of the Memorial. Memorial watermarks must not be obscured or removed from any Material supplied.
Inspection: The Memorial reserves the right to view on demand colour proofs using the Material whether before or after publication. For overseas publications this right may be exercised through any representative nominated by the Memorial.
Supply of copies: Immediately after publication or production of the Material, you agree to supply the Memorial with one free copy of the publication or production.
Disclaimer: Your access to and use of this Site and the Material is on an 'as is' and/or 'as available', basis. You agree that the Memorial is not liable in any manner whatsoever for any claim, liability, cost or action arising directly or indirectly from your use of the Site or the Material.
Indemnity: You agree to indemnify the Memorial against any and all claims, liability, costs or actions arising from any breach of these Terms by you.
Withdrawal/Termination of authorisation: The Memorial may immediately withdraw or terminate its authorisation of your use of the Material under these Terms where the Memorial considers that such use is inappropriate or of an unacceptable standard and/or where you have otherwise breached these Terms. Upon such withdrawal or termination, you will cease using the Material and comply with the reasonable directions of the Memorial in dealing with any existing use of the Material.
Applicable law and jurisdiction: These Terms are to be construed in accordance with the laws in force in the Australian Capital Territory and the parties submit to the non-exclusive jurisdiction of the courts of that Territory.