Media Waiver for New Zealand

Media Waiver Template for New Zealand

A comprehensive legal document governed by New Zealand law that establishes the terms and conditions under which an individual or entity grants permission for their image, likeness, voice, or other media content to be used by another party. The document addresses privacy rights under the Privacy Act 2020, intellectual property considerations under the Copyright Act 1994, and cultural content protection under the Treaty of Waitangi principles. It includes specific provisions for content usage, distribution rights, duration of use, and any commercial implications, while ensuring compliance with New Zealand's media and broadcasting regulations.

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What is a Media Waiver?

A Media Waiver is essential in New Zealand's media and entertainment landscape where organizations need to secure proper permissions for using individuals' images, likenesses, or other media content. This document is particularly relevant when creating content for marketing campaigns, educational materials, entertainment productions, or public relations activities. The waiver ensures compliance with New Zealand's Privacy Act 2020, Copyright Act 1994, and other relevant legislation, while also respecting Treaty of Waitangi principles for cultural content. It should be used whenever an organization plans to capture, store, or distribute media featuring identifiable individuals or protected content. The document typically includes detailed terms about usage rights, distribution channels, duration of use, and any commercial aspects, providing legal protection for both the content user and the subject.

What sections should be included in a Media Waiver?

1. Parties: Identifies the individual/entity granting the waiver (Grantor) and the party receiving the rights (Grantee)

2. Background: Explains the context of the media content and purpose of the waiver

3. Definitions: Defines key terms used in the waiver, including 'Media Content', 'Usage Rights', and 'Territory'

4. Grant of Rights: Explicitly states the rights being waived and granted, including usage, reproduction, and distribution rights

5. Scope of Use: Details the permitted uses of the media content, including platforms, contexts, and formats

6. Duration: Specifies the time period for which the waiver is valid

7. Representations and Warranties: Grantor's confirmation of their right to grant the waiver and other relevant assurances

8. Indemnification: Outlines the responsibilities and protections regarding potential claims

9. Privacy Acknowledgment: Confirms understanding of privacy implications and consent to use of personal information

10. Governing Law: Specifies that New Zealand law governs the waiver

What sections are optional to include in a Media Waiver?

1. Commercial Use: Include when the media content may be used for commercial purposes, specifying any revenue sharing or compensation terms

2. International Distribution: Add when media content may be distributed outside New Zealand, addressing international rights and compliance

3. Cultural Content Protection: Include when content involves Māori or other cultural elements requiring specific protections or acknowledgments

4. Digital Rights Management: Add for specific technical restrictions or requirements for digital content management

5. Moral Rights: Include when addressing the creator's moral rights, particularly for artistic or creative content

6. Revocation Terms: Add when specific conditions for revoking the waiver need to be included

7. Social Media Usage: Include specific terms for social media platforms and viral content possibilities

What schedules should be included in a Media Waiver?

1. Schedule 1: Media Content Description: Detailed description of all media content covered by the waiver, including formats and specifications

2. Schedule 2: Permitted Uses: Comprehensive list of specifically permitted uses and any restrictions

3. Schedule 3: Territory and Platforms: Detailed list of geographic regions and platforms where content may be used

4. Appendix A: Content Release Form: Standard release form for specific instances of media use

5. Appendix B: Privacy Notice: Detailed privacy information and data handling procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Liability Waiver

Cost

Free to use
Relevant Industries

Media and Entertainment

Advertising

Public Relations

Education

Sports and Recreation

Events Management

Digital Marketing

Broadcasting

Publishing

Social Media

Film and Television

Photography

Corporate Communications

Relevant Teams

Legal

Marketing

Communications

Public Relations

Digital Content

Creative Services

Compliance

Media Production

Brand Management

Social Media

Events Management

Relevant Roles

Marketing Manager

Content Creator

Legal Counsel

Media Director

Public Relations Manager

Communications Officer

Digital Content Producer

Event Coordinator

Brand Manager

Photography Director

Video Producer

Social Media Manager

Compliance Officer

Creative Director

Publishing Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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