Likeness License Agreement Template for New Zealand

A Likeness License Agreement is essential when you need to legally use someone's personal image, name, voice, or other identifying characteristics for commercial purposes in New Zealand. This contract protects both parties by establishing clear rights, obligations, and compensation terms while ensuring compliance with New Zealand's privacy and commercial laws.

When do you need this document?

You need this agreement when using a person's likeness in advertising campaigns, product endorsements, social media marketing, or merchandising. It's crucial for brands working with celebrities, athletes, models, or influencers, and for production companies featuring real people in commercials, documentaries, or promotional content. The agreement is also necessary when creating digital avatars, using someone's voice for audio content, or featuring personal images on product packaging. Without proper licensing, you risk legal action for unauthorised use of personal attributes and potential breaches of privacy legislation.

Key legal considerations

Your agreement must clearly define the scope of permitted uses, including specific media channels, geographic territories, and duration of the license. Include detailed compensation terms, whether through upfront fees, royalties, or other arrangements, and establish approval processes for how the likeness will be used. Quality control clauses protect the rights holder's reputation by requiring approval of final materials before publication. Consider exclusivity provisions, moral rights protections, and termination conditions. The agreement should address what happens to existing materials if the contract ends and include indemnification clauses to protect both parties from third-party claims.

Legal requirements in New Zealand

Under the Privacy Act 2020, you must ensure lawful collection and use of personal information, including images and personal attributes, with appropriate consent mechanisms and privacy disclosures. The Fair Trading Act 1986 requires that any commercial use of likeness must not be misleading or deceptive to consumers, particularly in advertising contexts. Copyright Act 1994 considerations apply when the likeness involves copyrighted photographs or artistic works, requiring separate permissions from copyright holders. Your agreement must comply with the Contract and Commercial Law Act 2017 for enforceability, including proper consideration and clear terms. Additionally, follow Advertising Standards Code guidelines when using personal likeness in advertising to avoid regulatory issues and maintain industry best practices.