Photo Use Waiver for New Zealand

Photo Use Waiver Template for New Zealand

A comprehensive legal document designed for use in New Zealand that establishes formal permission for the use of photographs of individuals or properties. This document complies with New Zealand's Privacy Act 2020 and Copyright Act 1994, providing clear terms for how photographs can be used, distributed, and displayed. It includes provisions for both personal and commercial use, specifies the duration and territorial scope of the permission, and incorporates necessary privacy and cultural considerations specific to the New Zealand context.

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What is a Photo Use Waiver?

The Photo Use Waiver serves as a critical legal instrument in New Zealand's business and creative sectors, designed to protect both the rights of photographers/organizations and the privacy of subjects. This document is essential when photographs of individuals or properties are intended for various uses, including marketing, publicity, or educational purposes. It ensures compliance with New Zealand's Privacy Act 2020, Copyright Act 1994, and other relevant legislation, while also considering local cultural sensitivities, particularly regarding Māori cultural elements. The waiver typically includes specific terms about usage rights, duration, territorial scope, and any commercial considerations, making it suitable for both simple personal use and complex commercial applications.

What sections should be included in a Photo Use Waiver?

1. Parties: Identifies the photographer/organization requesting photo use rights and the subject(s) granting permission

2. Background: Brief context about the photography session or circumstances under which the photos were taken

3. Definitions: Defines key terms such as 'Images', 'Usage Rights', 'Commercial Use', and 'Territory'

4. Grant of Rights: The core waiver language where the subject grants permission for photo use

5. Scope of Use: Detailed description of how, where, and for what purpose the photos may be used

6. Duration: Specifies how long the waiver remains in effect

7. Privacy Acknowledgment: Subject's acknowledgment of privacy implications and consent under Privacy Act 2020

8. Warranties: Subject's confirmation they have authority to grant the permissions

9. Release: Waiver of claims related to the authorized use of the photos

10. Governing Law: Specifies New Zealand law governs the agreement

What sections are optional to include in a Photo Use Waiver?

1. Commercial Use Terms: Additional terms specific to commercial usage of the photos, including any compensation arrangements

2. Minor Consent: Required when the subject is under 18, including parent/guardian authorization

3. Restricted Uses: Specific limitations on how photos cannot be used

4. Revocation Rights: Terms under which the subject may withdraw consent for future use

5. Social Media Provisions: Specific terms for social media usage and tagging rights

6. Cultural Considerations: Specific provisions regarding Māori cultural elements or other cultural sensitivities in the photos

What schedules should be included in a Photo Use Waiver?

1. Schedule 1 - Photo Schedule: List or description of specific photos covered by the waiver

2. Schedule 2 - Authorized Uses: Detailed list of specific permitted uses and contexts

3. Schedule 3 - Territorial Scope: List of countries or regions where the photos may be used

4. Appendix A - Sample Usage Examples: Examples of how the photos may and may not be used

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

Cost

Free to use

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What is a Photo Use Waiver?

What sections should be included in a Photo Use Waiver?

What sections are optional to include in a Photo Use Waiver?

What schedules should be included in a Photo Use Waiver?

Authors

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