Use Of Likeness Agreement Template for New Zealand

When you need to use someone's image, voice, or other personal characteristics for commercial purposes in New Zealand, a Use Of Likeness Agreement provides essential legal protection. This document creates a binding contract that clearly defines how an individual's likeness can be used while ensuring compliance with New Zealand's comprehensive privacy and commercial laws.

When do you need this document?

You'll require this agreement whenever your business plans to use an individual's personal characteristics commercially. Marketing campaigns featuring customer testimonials need proper likeness rights, as do advertising materials using employee or model images. Publishers using photographs of identifiable people require these agreements, and production companies filming documentaries or promotional content must secure likeness rights from participants. Educational institutions using student or staff images in promotional materials also need these protections. Even social media campaigns featuring real people require proper documentation to avoid legal complications down the line.

Key legal considerations

Your agreement must clearly define the scope of usage rights being granted, including specific media types, geographical territories, and duration of use. Compensation arrangements need explicit documentation, whether monetary payment, royalties, or other considerations are involved. The document should establish approval processes for how the likeness will be used, giving the individual reasonable control over their representation. Termination clauses must specify how either party can end the agreement and what happens to existing materials. Importantly, you'll need robust consent mechanisms that meet legal standards, particularly regarding ongoing use and any changes to the original purpose. The agreement should also address ownership of created content and any derivative works.

Legal requirements in New Zealand

Under the Privacy Act 2020, you must obtain proper consent before collecting, using, or disclosing personal information, including images and likenesses. Your agreement needs clear consent mechanisms that specify exactly how the likeness will be used and allow individuals to understand what they're agreeing to. The Copyright Act 1994 affects ownership rights in photographs and digital images, so your document must address who owns the created content. Fair Trading Act 1986 compliance requires that any commercial use doesn't mislead consumers, particularly important for advertising applications. The Defamation Act 1992 means your agreement should include provisions preventing harmful misuse that could damage someone's reputation. Additionally, consider New Zealand Bill of Rights Act implications regarding privacy and dignity. Your agreement must also comply with employment law if using staff likenesses, and consumer protection requirements if involving public participants.