Menu

Image Library: Guidelines for use and management

  1. Introduction
  2. Who can browse, download and upload images in the library?
  3. Who can use the images?
  4. Images approved for media use
  5. Copyright and conditions of use
  6. Image Library policy and legal requirements
  7. Checklist of requirements to contribute images to the image library
  8. How do I contribute an image or images?
  9. Site maintenance
  10. Tourism Tasmania’s Image Library
  11. Frequently asked questions

1. Introduction

The Image Library is the central repository for images relating to Tasmanian Government activities, programs and services. All State Government agencies are encouraged to contribute to the Image Library’s ongoing development and stock of images.  Images contained in the library may only be used in materials produced by or for Tasmanian Government agencies.

The images are JPEG files suitable for use:

  • in print publications (eg annual reports, information brochures, newsletters, reports, books, research and conference papers)
  • on the web (eg Government websites, job advertisements, Government social media sites)
  • for promotional purposes (eg posters, billboards, display advertisements, CD-ROMs, videos and PowerPoint presentations).

2. Who can browse, download and upload images in the library?

The Image Library can be browsed by all internet users. However, images contained in the library may only be used in materials produced by or for Tasmanian Government agencies.

Only people with Registered users login status, as approved by the Director - Communications Policy, can download full resolution versions of images.  To download images please contact your departmental Image Library contact to arrange for login details.

Only people with Upload user login status, as approved by the Director – Communications Policy, can upload images to the image library. To contribute images to the library please contact you departmental Image Library contact to arrange for login details.

Administration of the Image Library will reside within the Department of Premier and Cabinet.

3. Who can use the images?

Images contained in the library may ONLY be used in materials produced by or for Tasmanian Government agencies and State Authorities that are not Government Business Enterprises as defined in Schedules 1 and 2 of the Government Business Enterprises Act 1995 .

4. Images approved for media use

Images in the library are available free-of-charge for use in conjunction with media stories specifically about Tasmanian Government initiatives, programs and services. Acknowledgment in the form of the following must appear with the final image:

'Picture courtesy of the State of Tasmania'

5. Copyright, Moral Rights and conditions of use

The copyright in all images in the Image Library is owned absolutely by the Crown in the State of Tasmania.

Therefore, no further permission is required to use the images where those images are being used by Tasmanian Government agencies or by service providers from the private sector contracted by the Crown.

However, it is good practice to acknowledge copyright with the following, either under the photo or in a bibliography or reference: © Copyright State of Tasmania, <year of first publication>.

Where a State employee takes photographs as part of his/her work duties, copyright is owned by the Crown.  Therefore no assignment of copyright is required.

Photographers, have “moral rights” in relation to their work under Part IX (Moral Rights) of the Copyright Act 1968 . Moral rights are separate from copyright. Moral rights impose certain obligations on people who use a copyright work. A photographer has the right to:

  • be attributed as the author of an image
  • take action if he/she is falsely attributed as the photographer of an image
  • take action if his/her work is distorted or treated in a way that is prejudicial to his/her reputation.

For images to be included in the image library the procurement contract must include, or make appropriate provision for, moral rights consent from the creator to allow the Crown to use the image without taking account of the creator's moral rights - that is, without needing to identify the creator or seek the creator's further permission before adapting the work.

Moral Rights consent have been obtained for all images taken in 2009 or later. For images taken before 2009 where practical acknoweldgement of the photographer is appropriate by displaying the following information: ‘Photo by <name>’.

Agencies must ensure that the images they use are appropriate for the particular medium, circumstances and target audience(s), and are not likely to cause embarrassment to the subject, the agency or the Tasmanian Government.

Images contained in the library must not be used under any circumstance to state or imply the endorsement by the Tasmanian Government or by any public sector employee of a commercial product, service or activity.

Images contained in the library must not be used in conjunction with any material that is misleading, defamatory, libellous, pornographic, or otherwise unlawful.

The Secretary of the Department of Premier and Cabinet reserves the right to withhold the use of any images in any circumstances in its absolute discretion.

6. Image Library policy and legal requirements

In providing images to the Image Library, all agencies must comply with the following legal and policy requirements:

Copyright ownership of the images must be vested absolutely in the Crown.

Unless there is an agreement to the contrary, the Crown will own copyright if it is:

  • Created by, or under its direction or control; or
  • First published under its direction or control.

However, because it is sometimes difficult to determine whether there is an agreement to the contrary, it is a policy requirement, unless otherwise agreed by the Director – Communications Policy that agencies must have entered into a written agreement with the owners of copyright acknowledging:

  • that copyright ownership of the relevant image is to vest in the Crown;
  • that the transferor is the owner of the entire copyright; and 
  • no third party had any copyright in the image.

It is also a condition that all moral rights consents and model releases be obtained prior to images being added to the library.

Therefore, the abovementioned written agreement should also include, or make appropriate provisions for, moral rights consent from the creator of the image to allow the Crown to use it without being required to take account of the creator’s moral rights – that is, without needing to identify the creator or to seek the creator’s approval before adapting the image.

The Personal Information Protection Act 2004   regulates the collection, maintenance, use and disclosure of personal information by the Tasmanian public sector (ie agencies, statutory boards and authorities, Government Business Enterprises, Ministers), local government, and the University of Tasmania.

Personal information means any information in any recorded format, including photographs, about an individual whose identity is apparent or reasonably ascertainable from the information and who is alive or has not been dead for more than 25 years.

It is a policy requirement that model releases that give consent to the use of the images for all relevant Crown purposes be provided from people appearing in images (or if under 18 years their parent or guardian) by signing an Acknowledgement of Use of Image form.  This will ensure the Crown’s use of the image is not restricted by the need to subsequently obtain that person’s permission.

If you have any doubt/queries about the above, you should contact the Director – Communications Policy.

For the drafting and settlement of appropriate agreements concerning the vesting or transfer of copyright to the Crown, moral rights consents, or model releases, please contact your department’s legal area or the Crown Solicitor’s Office for legal assistance.  They will provide all relevant advice and arrange for any appropriate precedent to be made available to you making sure it is the most recent and is properly tailored.

7. Checklist of requirements to contribute images to the image library

In providing images to the Image Library, all agencies must comply with the following legal and policy requirements:

  • Is this version of the image the highest resolution available?
  • Was the image taken as part of a contract with the Crown?
  • Has copyright for the images been given in full to the Crown?
  • Have provisions for consent to infringement of moral rights been established between the photographer and the Crown. 
  • Has the image subject(s) given permission to use the image by signing an Acknowledgement of Use of Image form: template?
  • Has a copy of the signed Acknowledgement of Use of Image form and photographic comission contract been forwarded to the Director - Communications Policy.

8. How do I contribute an image or images?

You may only upload images to the image library when the checklist of requirements stipulated in point seven has been met for an image. There are two options for uploading images to the image library which are:

Option 1: Remote upload your agency’s images. This option is the preferred option and will require you to have a user login upgraded or created as an Upload user.

Option 2: Centrally upload images through DPAC. This option is only available if you have less than 10 images to upload to the Image Library.

The steps required for each option are outlined below.

Option 1:

  • arrange permissions to upload the image remotely (i.e. allocation of an Upload user login) by contacting the Director - Communications Policy.
  • forward to the Director-Communications Policy, a hard copy or scanned copy of the Acknowledgment of Use of Image form and the Photographic Copyright Assignment Agreement form.

Option 2:

  • forward the digital image to info@communications.tas.gov.au along with an Image Library: deposit form
  • forward to the Director - Communications Policy, a hard copy of the Image Deposit Form; and (where applicable) an Acknowledgement of Use of Image form and the Photographic Copyright Assignment Agreement form.
  • Following receipt of the image and forms, the image will be uploaded to the image library and the contact person for the image notified.

9. Maintenance of the Image Library

Management and maintenance of the Image Library is the responsibility of the Director - Communications Policy.

10. Tourism Tasmania’s Image Library

The Government Communications Image Library supplies a limited range of general images of Tasmania.

Tourism Tasmania’s charter is to promote Tasmania nationally and internationally, and in that capacity it provides promotional images free-of-charge to media outlets of its choosing. It also provides images to the Tasmanian tourism industry at special rates.

Visit Tourism Tasmania’s Image Library to see more general images of Tasmania.

11. Frequently asked questions

The frequently asked questions page may help you with any queries you have in regard to using the Image Library.