Access to the Art Gallery of New South Wales media room and use of material terms and conditions

You agree to the following terms and conditions (Terms) as a condition of access to the Art Gallery of New South Wales (AGNSW) Media Room: 

1. You may only use the AGNSW-supplied images, video footage or editorial in the AGNSW Media Room (Materials), on a non-exclusive and one-time basis, strictly in association with and for the purpose of ‘editorial coverage’ of the relevant AGNSW event or exhibition (Event) indicated on the thumbnail for the Material (Purpose), prior to, during and for a reasonable period after the Event (Editorial Coverage Period). You must not use the Materials for a cover without AGNSW’s prior written consent. ‘Editorial coverage’ means only use which is for the purpose of (or associated with) the reporting of news or for the purpose of criticism or review, within the ‘fair dealing’ provisions for those purposes under the Australian Copyright Act, or within any similar exceptions to copyright infringement for the purposes of reporting news or criticism or review in the place where your editorial coverage is published.

2. You are responsible for ensuring your use of the Materials does not infringe any moral rights of an artist in the Materials, including the moral rights of attribution and integrity. You must ensure that the Materials are used strictly as supplied by AGNSW and are not cropped, edited, bled, overprinted, obscured by print or other text or altered in any way.

3. You must ensure that the caption provided for each Material is used without any alteration or abbreviation and appears in association with the Material.

4. You acknowledge that the nature of digital Materials increases the risk of copyright infringement because of the ease of communicating and reproducing such Materials, and AGNSW and others may suffer loss or damage if third parties are able to access the digital Materials. You must keep the Materials supplied by AGNSW protected and secure from any unauthorized access or use (in any medium or form) by third parties, including your employees, agents and contractors. 

5. If you breach these Terms or AGNSW considers the use of the Materials is unsuitable, inappropriate or damaging to the reputation of AGNSW or the artist in respect of the Materials or work(s) depicted in the Materials, AGNSW may terminate the agreement constituted by these Terms by notice to you, and upon any such termination you must immediately cease all use of the Materials, including any reproductions you have made. 

6. You must not archive the Materials. At the end of the Editorial Coverage Period, you must cease all use of the Materials and destroy or delete all stored copies of the Materials, other than reproductions (e.g. print editions) made as part of the editorial coverage in accordance with these Terms. 

7. You agree to indemnify AGNSW against any damage, expense, loss, cost or liability which AGNSW suffers or incurs arising from any third party claims arising from use of the Materials other than strictly in accordance with these Terms, or any other breach of these Terms, by you or persons connected with you (e.g. your employees, agents or contractors). 

8. Any variation to these Terms must be agreed to in writing by you and AGNSW. 

9. Your rights under these Terms are not transferable or assignable. You must not sub-license any rights under these Terms without AGNSW’s prior written approval. 

10. These Terms are governed by the law of New South Wales.