RESTRICTIONS ON USE OF AAP SPORTING IMAGES
The following restrictions apply to AAP sporting Images [and any other Images of Australian sports events] (“Australian Sports Images”).
Australian Sports Images may only be used in accordance with the terms contained in the Australian Code of Practice for Sports News Reporting (Text, photography and data). In summary, you must comply with the following restrictions on use of such Images:
a) no use of Images to simulate videos;
b) no use of Images for Commercial Use (as defined below);
c) sale of Images to members of the public only for their own non-commercial private use;
d) no use of Images in such a manner that creates a false impression that a person or business has a sponsorship, approval or affiliation with the sport or sporting organisation or any participants in a sporting event;
e) no use of Images in books (including e-books).
“Commercial Use” means the sale or production or use of content for advertising or promotional or merchandising purposes, including:
· photographs being used by a non-Media Organisation on a website or webpage, in a publication or via some other medium for any purpose other than publishing of News Content on any technical platform including individual publications, web-pages, digital platforms or print media where that platform or medium is or will be genuinely and ordinarily used for the publication of News Content.
· operating a statistics service.
· photographs being used for or in any advertisements, promotional materials, for merchandise such as memorabilia, collector’s cards, calendars, clothing or packaging.
Commercial use excludes:
· the sale of photographs to individuals solely for their own non-commercial private use. This is considered a service to the public.
· publications using material collected for the purposes of News Reporting in order to promote that News Reporting. However use of such material is subject to the rights of event participants, sports and sporting organisations with respect to passing off and misleading and deceptive conduct.
For the purposes of the above definition of Commercial Use:
“News Reporting” means reporting of News Content by a Media Organisation;
“News Content” means content collected by a Media Organisation at a venue where a sports event takes place that is not sold or produced or used for Commercial Use, namely text (eg factual articles, editorial opinion, blogs and tweets), photographs (including in the form of photo galleries and iconic images), data (in the form of scores, team lists and/or basic stats), or any combination of these;
“Media Organisation” means an organisation whose primary purpose is providing News reporting by any technical platform including individual publications, news websites, digital platforms, radio and television broadcasters, print media and news agencies.