Terms of Use

Last Updated: April 2026

1. Introduction

Welcome to the website of SmugShot Pictures Pty Ltd (ABN [To Be Confirmed]) ("SmugShot Pictures", "we", "our", or "us"). These Terms of Use ("Terms") govern your access to and use of our website, content, services, and film-related materials.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our services.

2. Intellectual Property Rights & Copyright

2.1 Ownership

All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, software, and film-related materials, is the property of SmugShot Pictures or its content suppliers and is protected by Australian and international copyright laws.

2.2 Copyright Protection

The copyright in all works created by SmugShot Pictures, including screenplays, treatments, scripts, storyboards, production materials, promotional content, and this website, is owned by SmugShot Pictures Pty Ltd. All such works are protected under:

  • Australian Copyright Act 1968 (Cth) – Primary copyright protection in Australia
  • Berne Convention for the Protection of Literary and Artistic Works – International copyright protection
  • TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) – WTO intellectual property standards
  • Copyright laws of relevant international jurisdictions

2.3 Moral Rights

SmugShot Pictures respects moral rights under Australian law (Part IX of the Copyright Act 1968) and similar provisions in international jurisdictions. Moral rights include the right of attribution, the right against false attribution, and the right of integrity of authorship.

2.4 Permitted Use

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out in these Terms. You must not:

  • Republish material from this website (including republication on another website)
  • Sell, rent, or sub-license material from the website
  • Show any material from the website in public without attribution
  • Reproduce, duplicate, copy, or otherwise exploit material on this website for commercial gain
  • Edit or otherwise modify any material on the website
  • Redistribute content from this website unless specifically authorised

3. Film Industry Intellectual Property Standards

3.1 Screenplay & Treatment Protection

All screenplays, treatments, loglines, story concepts, and dramatic premises presented on this website or communicated through our services are protected intellectual property. Under Australian and international film industry standards:

  • Screenplays are protected as literary works under copyright law
  • Story ideas and concepts may be protected under passing off and confidential information principles
  • Professional courtesy requires that ideas be respected regardless of copyright status
  • Industry guild standards (SAG-AFTRA, MEAA, Writers Guild) inform our practices

3.2 Copyright Ownership & Assignment

Copyright in film productions follows industry standards:

  • Work for Hire – Works created by employees within the scope of employment belong to the production company
  • Freelance & Contract Work – Copyright ownership is determined by contract; assignments must be in writing
  • Co-Productions – Joint ownership arrangements are governed by co-production agreements
  • Licensing – Rights may be licensed rather than assigned, with scope and duration specified

3.3 Trademarks

"SmugShot Pictures" and associated logos are trademarks of SmugShot Pictures Pty Ltd. All other trademarks appearing on this website are the property of their respective owners. You must not use such trademarks without prior written permission.

4. Confidentiality

4.1 Confidential Information

In the course of business dealings with SmugShot Pictures, you may have access to confidential information including, but not limited to:

  • Unreleased screenplay concepts, treatments, and scripts
  • Production plans, schedules, and budgets
  • Distribution and financing arrangements
  • Business strategies and creative direction
  • Talent and casting information

4.2 Obligations

You agree to:

  • Maintain the confidentiality of all information received
  • Not disclose confidential information to third parties without prior written consent
  • Use confidential information only for the purpose for which it was provided
  • Return or destroy confidential information upon request

4.3 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no breach of these Terms
  • Was known to you before disclosure by SmugShot Pictures
  • Is required to be disclosed by law or court order
  • Is independently developed without use of confidential information

5. Website Use & User Conduct

5.1 Acceptable Use

You agree to use our website only for lawful purposes and in a way that does not infringe on the rights of, restrict, or inhibit anyone else's use and enjoyment of the website.

5.2 Prohibited Conduct

You must not:

  • Use our website in any way that causes, or may cause, damage to the website or impairment of availability or accessibility
  • Use our website for any unlawful, illegal, fraudulent, or harmful purpose
  • Use our website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, or other malicious computer software
  • Conduct any systematic or automated data collection activities without our express written consent
  • Use our website to send unsolicited commercial communications
  • Use our website for any marketing purposes without our express written consent
  • Attempt to gain unauthorised access to our website, servers, or any connected network

5.3 User Submissions

By submitting content to our website (including enquiries, creative submissions, or feedback), you:

  • Grant SmugShot Pictures a non-exclusive, royalty-free licence to use, reproduce, and distribute such content
  • Represent that you own or have the necessary rights to submit such content
  • Acknowledge that industry-standard practices require independent development of creative concepts

6. Limitation of Liability

To the fullest extent permitted by Australian law, SmugShot Pictures excludes all representations, warranties, and guarantees (whether express, implied, or statutory) relating to:

  • The accuracy, completeness, or suitability of information on this website
  • The availability or uninterrupted operation of this website
  • The absence of viruses or other harmful components

SmugShot Pictures will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from:

  • Your access to or use of (or inability to access or use) this website
  • Any content obtained from this website
  • Unauthorized access, use, or alteration of your transmissions or content

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under Australian law.

7. Indemnification

You agree to indemnify, defend, and hold harmless SmugShot Pictures, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of or in connection with:

  • Your breach of these Terms
  • Your misuse of this website
  • Any unlawful, fraudulent, or harmful activity by you
  • Your violation of any applicable law or third-party rights

8. Dispute Resolution

8.1 Negotiation

In the event of any dispute arising from these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation.

8.2 Mediation

If negotiation is unsuccessful, the parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with its Mediation Rules.

8.3 Arbitration or Litigation

If mediation is unsuccessful, the dispute may be referred to arbitration or litigation in accordance with the laws of New South Wales, Australia.

8.4 Film Industry Disputes

For disputes related to intellectual property, creative submissions, or industry-specific matters, parties may also engage industry-specific mediation services or guild/union dispute resolution processes where applicable.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia. By using this website, you submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

International users acknowledge that information on this website may be subject to export control laws and regulations. You are responsible for compliance with all applicable local laws.

10. Changes to These Terms

SmugShot Pictures reserves the right to modify, amend, or replace these Terms at any time. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

Your continued use of this website following any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

11. Contact Us

If you have any questions about these Terms of Use, please contact us:

SmugShot Pictures Pty Ltd

Email: [email protected]

For legal or contractual enquiries, please include "Terms of Use" in your email subject line.