Our approach to copyright
We are serious about protecting the copyright of created works. We will only digitise, reproduce or print your project if you are the copyright holder, have written permission from the copyright holder, or are claiming provisions under Australian Copyright Law.
We are unable to make any representation of how the law applies to your specific project.
How we manage copyright
We do not knowingly digitise or reproduce copyrighted material. Where there is uncertainty regarding the copyright status of supplied works, or the validity of any permissions or rights claimed, we reserve the right to request additional documentation or decline the project.
By engaging the services of Lucent Imaging, you agree to indemnify us against any claims, damages, liabilities, legal actions, or associated costs arising from work completed on your behalf.
Please be aware that, in the event of a copyright dispute or claim, our insurer may seek to recover all related costs directly from you. In some cases, settlements and legal costs can amount to tens of thousands of dollars.
All copyright, ownership, and intellectual property rights in materials supplied to us remain with the original owner or rights holder. We do not claim ownership of any client-provided works or content.
General Guidelines
The following information is for guidance only and we recommend you seek legal advice for your specific project.
- Only use images you created yourself, unless you have permission or a valid legal right to use them.
- Copyright protection in Australia generally applies automatically once an original image, artwork, photograph, illustration, or design is created.
- Purchasing a physical artwork, print, book, or photograph does not usually transfer copyright ownership.
- Scanning, photographing, reproducing, tracing, or digitally copying a copyrighted work may infringe copyright, even if the reproduction is for personal or commercial use.
- Images found online, including on social media, Google Images, Pinterest, or websites, are not automatically free to use.
- Permission should be obtained from the copyright owner before reproducing or substantially copying a work.
- Some works may be licensed for reuse under licences such as Creative Commons. Always check the licence terms carefully, including requirements for attribution or restrictions on commercial use.
- Copyright in Australia generally lasts for the life of the creator plus 70 years. Older works may still be protected depending on the creator’s date of death and the type of work involved.
- Government, museum, gallery, and archival images may still be subject to copyright or reproduction restrictions, even if the original artwork is old.
- Logos, brand assets, sports imagery, movie characters, album covers, and other commercial intellectual property are commonly protected by copyright and/or trademark laws.
- AI-generated works that closely imitate or reproduce existing copyrighted works, characters, or artist styles may still create legal risk.
Personal & Non-commercial use
- “Personal use” does not automatically mean a work can be legally copied, scanned, reproduced, or distributed.
- In Australia, copyright protection generally still applies even where a copy is made for private or non-commercial purposes.
- Making a personal backup, scan, or reproduction of copyrighted material may still require permission from the copyright owner unless a specific legal exception applies.
- Sharing copies with friends, family, online platforms, social media, or printing services may exceed what is permitted for personal use.
- Commercial intent is not always required for copyright infringement to occur. A copyright breach can still arise from unpaid or private reproduction.
- Downloading, reproducing, tracing, or modifying artwork, photographs, illustrations, or designs found online may infringe copyright even if the use is personal only.
- Recreating existing works through digital editing, AI generation, vector conversion, or redrawing may still reproduce a substantial part of the original work.
- Personal ownership of a physical item — such as a painting, photograph, poster, or book — does not usually include the right to reproduce or digitise the copyrighted content.
- Some limited exceptions under Australian copyright law may apply for research, study, criticism, review, parody, satire, or library/archive use, but these exceptions are narrow and context-specific.
- Fair dealing provisions do not provide a blanket exemption for personal projects or private reproductions.
- If a work is still protected by copyright, permission from the copyright owner may be required before reproduction, digitisation, publication, or adaptation.
- Clients are responsible for ensuring they hold the appropriate rights, licences, or permissions for any material supplied for reproduction or digitisation.
Re-use of Existing Works in a New Work
- Creating a “new” work using all or part of an existing copyrighted image may still infringe copyright if a substantial part of the original work is reproduced.
- Altering, recolouring, cropping, filtering, redrawing, vectorising, or combining an existing copyrighted image with other elements does not automatically remove copyright obligations.
- Using copyrighted artwork as the base for a collage, composite, derivative artwork, or commercial design may require permission from the copyright owner.
- “Inspired by” concepts are generally safer when the new work is independently created and does not closely reproduce distinctive visual elements of the original.
- Reproducing recognisable compositions, characters, layouts, typography, or artistic styles too closely may still create infringement risk.
- Parody and satire exceptions exist under Australian copyright law, but these are limited and context-specific. Commercial use does not automatically qualify.
- Educational, research, criticism, review, and news reporting uses may fall under “fair dealing” exceptions, but these are narrow and should not be assumed to apply to commercial reproduction.
- If there is uncertainty around ownership, licensing, or permitted use, legal advice should be obtained before reproduction or publication.
- Clients are responsible for ensuring they hold the necessary rights, licences, or permissions for any material supplied for reproduction or digitisation.
Additional Resources
Australian Attorney-General’s Department – Copyright Basics – www.ag.gov.au
Official overview of Australian copyright law, including what copyright protects, duration, ownership, and infringement basics.
Australian Attorney-General’s Department – Copyright – www.ag.gov.au
Government copyright information hub covering legislation, copyright users, owners, and current policy information.
National Library of Australia – About Copyright – www.library.gov.au
Clear explanations of copyright ownership, duration, moral rights, and re-use considerations relating to artworks, photographs, and published material.
National Library of Australia – What You Can Copy and Re-use Without Permission – www.library.gov.au
Guidance on public domain works, Creative Commons licensing, and limited exceptions under Australian copyright law.
Copyright Agency Australia – www.copyright.com.au
Practical information about copyright ownership, permissions, licensing, and creator rights in Australia.
Creative Commons Australia – creativecommons.org.au
Information about Creative Commons licences and how works may legally be reused, adapted, or shared under licence conditions.
Trove – Copyright and Re-use – trove.nla.gov.au
Useful guidance for checking whether historical images, photographs, newspapers, and archive materials may still be protected by copyright.
IP Australia – www.ipaustralia.gov.au
General intellectual property information for Australia, including copyright-related guidance and links to legislation.
