Legal

Media Usage Policy

Last updated: 1 June 2025

1. Legal Framework

All creative works produced by EyeKandy Co. are protected under the Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994) of the Republic of Namibia, and any applicable international copyright conventions to which Namibia is a signatory, including the Berne Convention for the Protection of Literary and Artistic Works.

Unauthorised reproduction, distribution, commercial exploitation, or modification of EyeKandy Co.'s work without explicit written permission constitutes copyright infringement and may result in legal action.

2. Ownership of Creative Works

2.1 EyeKandy Co. retains full copyright ownership of all photographs, video content, edited materials, motion graphics, and any other creative works produced during the course of a project.

2.2 Copyright ownership is retained by EyeKandy Co. at all stages of production, including pre-production, shooting, editing, and final delivery.

2.3 The delivery of final files to a client does not constitute a transfer of copyright unless a separate copyright assignment agreement has been executed in writing and signed by an authorised representative of EyeKandy Co.

3. Client Licence Grant

3.1 Upon receipt of full payment for a project, EyeKandy Co. grants the Client a limited, non-exclusive, non-transferable licence to use the delivered works for the specific purposes outlined in the project agreement.

3.2 Standard licence(included in all packages): Use on the Client's own digital platforms, social media accounts, and website.

3.3 Extended commercial licence (separate agreement required): Use in paid advertising campaigns, third-party publications, broadcast media, print materials for distribution, or licensing to other parties.

3.4 Clients may not sublicense, sell, or transfer their rights to any third party without prior written consent from EyeKandy Co.

4. Permitted Use

Under the standard licence, the Client is permitted to:

  • Share and post delivered content on their own social media profiles and website
  • Use images and videos in presentations and pitches for their own business
  • Print delivered photos for personal use (e.g., family portraits, events)
  • Display content in their own physical premises

5. Prohibited Use

Without a separate commercial licence, the following are strictly prohibited:

  • Selling or licensing any EyeKandy Co. works to third parties
  • Using works in paid advertising (including social media ads) without authorisation
  • Modifying, cropping, overlaying, or altering delivered works in a way that misrepresents the original content or removes EyeKandy Co. watermarks or credits
  • Claiming authorship or ownership of EyeKandy Co.'s creative works
  • Distributing raw, unedited, or watermarked files in any context
  • Using works for purposes that are defamatory, illegal, or contrary to public decency

6. EyeKandy Co. Portfolio Rights

6.1 EyeKandy Co. retains the irrevocable, worldwide, royalty-free right to display, publish, and use any work produced for clients in our portfolio, website, social media, marketing materials, awards submissions, and press features.

6.2 We will always credit our work professionally. Clients who require full confidentiality must notify us in writing before the project commences, and a confidentiality fee may apply.

7. Raw Files & Unedited Content

Raw, unedited footage, RAW image files, and pre-production materials remain the sole property of EyeKandy Co. at all times. These files will not be included in standard deliverables unless specifically agreed in writing, and additional fees will apply.

8. Credit & Attribution

We appreciate attribution when clients share our work publicly. Recommended credit: "Creative by EyeKandy Co. | @eyekandy_co". While not always mandatory under the standard licence, attribution supports our creative community and is encouraged.

9. Infringement & Enforcement

Any unauthorised use of EyeKandy Co.'s creative works constitutes copyright infringement. We reserve the right to pursue legal remedies including injunctive relief, damages, and recovery of legal costs under Namibian law and applicable international conventions.

10. Licensing Inquiries

For licensing requests, commercial usage authorisation, or copyright assignment inquiries, please contact: Eyekandy.co@yahoo.com