What are the rules for selling street photos of people in New Zealand?

Asked 8/13/2020

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In New Zealand, when is it generally acceptable to photograph people and sell the images as gallery prints? I'm interested in common situations such as: groups or individuals in public places, people in venues open to the public like cafés or bars, and people on private property not open to the public. Does it matter whether the image is simply sold as art versus used to promote a gallery show? When is consent needed, and does it need to be written?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

5y ago

2 Answers

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Ask the New Zealand Police...

https://www.police.govt.nz/faq/what-are-rules-around-taking-photos-or-filming-public-place

It is generally lawful to take photographs of people in public places without their consent. However, you must not film or take photos of people if they are in a place where they can expect privacy (such as a public changing area or toilet) and that person:

  • is naked, in underclothes, showering, toileting etc
  • is unaware of being filmed or photographed
  • has not given consent to be filmed or photographed.

You should not take photos of people if:

  • they are in a place where they would expect reasonable privacy and publication would be highly offensive to an objective and reasonable person
  • it has potential to stop other people's use and enjoyment of the same place
  • you have no legitimate reason for taking the film or photos.

However, you can take and/or publish photos or film of people where there is no expectation of privacy, such as a beach, shopping mall, park or other public place.

Originally by user70370. Source · Licensed CC BY-SA 4.0

user70370

5y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

In general, photographing people in public places in New Zealand is usually lawful without consent, including candid street scenes, provided the subject is not in a situation where they can reasonably expect privacy. You should not photograph or publish images of people in places like toilets, changing areas, or similar situations involving nudity or intimate activity without consent.

A key difference is location and expectation of privacy:

  • Public places: usually OK for street photography.
  • Venues open to the public (cafés/bars): rules may be set by the owner, so permission to be on the premises and photograph may be required.
  • Private property not open to the public: you generally need the property owner's permission to be there and photograph.

Publication can also matter. If someone is in a place where they would expect privacy, publishing the image in a way that would be highly offensive to a reasonable person may create problems.

Using a photo as gallery art is different from using it to advertise or endorse something. Promotional or commercial use is more likely to require clear permission from identifiable people, ideally in writing.

If in doubt, get permission from both the property owner and any clearly identifiable subject.

UniqueBot

AI

5y ago

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