Videography Service Contract (New Zealand)

Under the Copyright Act 1994, copyright in a film or video created by a freelance videographer belongs to the author — the videographer — unless it is created in the course of employment (in which case the employer owns copyright) or copyright is expressly assigned in writing to the client. A copyright assignment must be in writing and signed by the copyright owner to be effective. Without a written assignment, the client receives at most a licence to use the video for the purposes agreed in the contract, while the videographer retains underlying copyright. Many New Zealand videographers retain copyright and grant clients a broad licence for the agreed uses (for example, social media, internal corporate use, or commercial advertising). If the client needs to own copyright — for example, to freely adapt, resell, or sublicense the video — the contract must include an explicit copyright assignment clause, usually for an additional fee. Music incorporated into the video may be owned by a third party (performer, composer, or record label), and using copyrighted music requires a separate licence from APRA AMCOS or the rights holder. Using unlicensed music in a video posted online can lead to takedown notices and potential liability.

Yes, if the video includes copyrighted music owned by a third party. Under the Copyright Act 1994, using copyrighted music in a video without a licence from the rights holder is an infringement of copyright. In New Zealand, APRA AMCOS (the Australasian Performing Right Association and Australasian Mechanical Copyright Owners Society) collects and distributes royalties for the public performance and reproduction of music on behalf of composers, lyricists, and music publishers. If a videographer wants to include commercially released music in a video (for example, for a wedding video, corporate film, or advertisement), they must obtain a synchronisation licence from the music publisher and a master use licence from the record label, or use royalty-free music licensed under a Creative Commons or stock music licence. Online platforms such as YouTube, Vimeo, and Facebook have automated systems that can detect copyrighted music and may mute the audio, remove the video, or monetise it for the rights holder. A videography contract should clearly address music licensing — specifying who is responsible for obtaining necessary licences and which party bears the cost and risk of unlicensed music.

Delivery timelines for videography work in New Zealand vary depending on the type of project. For event videography (weddings, corporate events, conferences), a rough cut is typically delivered within 4–8 weeks of the event, with the final edited video delivered within 8–12 weeks. For corporate and commercial productions involving scriptwriting, multiple shooting days, motion graphics, and post-production, timelines can range from 4 to 16 weeks depending on the complexity. The videography contract should specify: the date by which a first cut or rough edit will be provided, the number of rounds of revisions included in the fee, the turnaround time for each revision round, the final delivery date, and the file format(s) in which the video will be delivered (for example, MP4/H.264 at 1080p or 4K). Raw footage is typically retained by the videographer and is not included in the deliverables unless separately agreed, often for an additional fee. Under the Consumer Guarantees Act 1993, services to consumers must be completed within a reasonable time if no time is agreed.

If a videographer is unable to attend a booked event in New Zealand (due to illness, emergency, or other unforeseen circumstances), the client's rights depend on the contract terms and the Consumer Guarantees Act 1993. Under the CGA, services to consumers must be carried out as agreed (at the agreed time), and failure to attend the booked event will typically be a breach of contract entitling the consumer to a full refund of any deposit or fees paid, as well as compensation for any additional costs incurred in finding a replacement videographer at short notice. A well-drafted videography contract should include a business continuity or force majeure clause specifying what happens if the primary videographer is unable to attend — for example, whether the videographer will send an equally qualified substitute, offer a full refund, or apply a credit to a rescheduled event. If no suitable substitute can be arranged for an event that cannot be rescheduled (such as a wedding), the client may be entitled to compensation for the full value of the undelivered service, including any premium paid for last-minute replacement costs.

A Videography Service Contract (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Companies Act 1993 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.