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Copyright Act 1994

Moral rights - Right to privacy of certain photographs and films

105: Right to privacy of certain photographs and films

You could also call this:

"Control who shares your private photos and videos"

Illustration for Copyright Act 1994

You have the right to privacy for certain photographs and films you commission for private use. If someone owns the copyright but you commissioned the work, you have the right to stop them from sharing it with the public. This includes not letting them issue copies, exhibit, or show the work in public, or communicate it to the public. You can stop someone from doing these things if they do not have your permission. However, there are some exceptions, such as when the work is used in certain official proceedings, like section 41, section 59, section 60, section 66, or section 67. If someone does one of the things you did not give them permission to do, they are infringing your right to privacy. This also applies if someone tells another person to do one of these things without your permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346264.

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Part 4Moral rights
Right to privacy of certain photographs and films

105Right to privacy of certain photographs and films

  1. A person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright exists in the resulting work but is owned by some other person, the right—

  2. not to have copies of the work issued to the public; and
    1. not to have the work exhibited or shown in public; and
      1. not to have the work communicated to the public.

        1. Subject to subsection (3), the right conferred by subsection (1) is infringed by a person who does an act of the kind described in paragraph (a) or paragraph (b) or paragraph (c) of subsection (1).

        2. The right conferred by subsection (1) is not infringed by an act that, under any of the following provisions of this Act, would not infringe copyright in the work:

        3. section 41 (which relates to the incidental copying of a work in an artistic work, film, or communication work):
          1. section 59 (which relates to parliamentary and judicial proceedings):
            1. section 60 (which relates to Royal commissions and statutory inquiries):
              1. section 66 (which relates to acts done under statutory authority):
                1. section 67 (which relates to acts permitted on assumptions as to expiry of copyright or death of the author in relation to anonymous or pseudonymous works).

                  1. The right conferred by subsection (1) is infringed by a person who does an act described in subsection (2) or who authorises another person to do such an act.

                  Notes
                  • Section 105(1)(c): substituted, on , by section 62(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                  • Section 105(3)(a): amended, on , by section 62(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).