Can A Newspaper Use Your Photo Without Permission In New Zealand?

You’ve finally got the perfect image for your business - maybe it’s a photo of your new premises, your team at an event, or a product shot that’s done the rounds on social media.

Then you spot it somewhere you didn’t expect: in a news article, a print edition, or online media coverage. No heads-up, no credit, and definitely no email asking for permission to use the photo.

If you’re running a small business in New Zealand, this can feel confusing fast. Are newspapers allowed to do that? Is it “public” because it was online? Does it matter if the photo was taken by a staff member, a customer, or a professional photographer?

Let’s break it down in plain English so you can protect your brand, your content, and your legal position from day one.

Why Photo Permission Matters For Your Business

For many small businesses, photos aren’t just “nice to have” - they’re part of your core business assets.

Photos can:

• communicate your brand and values quickly
• build trust with customers (especially for service businesses)
• showcase products in a way words can’t
• support advertising, social media, and website conversions

So when a newspaper uses a photo without permission, the impact isn’t just personal - it can be commercial. Depending on the context, it can also create reputational issues (for example, if the photo is used to illustrate a negative story or implies an endorsement).

Getting your permissions and legal documents sorted early is part of having strong “legal foundations”, just like having solid customer terms or a Website Terms And Conditions if you sell online.

Is A Newspaper Allowed To Use Your Photo Without Permission In New Zealand?

The frustrating (but honest) answer is: sometimes yes, sometimes no. It depends on a few key legal questions.

In New Zealand, the main legal areas that usually come into play are:

• copyright law (who owns the photo)
• privacy law (whether personal information is involved)
• media and fair dealing principles (limited exceptions for news reporting)
• fair trading / misleading conduct (if the use implies endorsement or misleads the public)
• contract law (what agreements exist around the photo)

So the real question isn’t just “did they ask for permission?” - it’s “did they need to ask?”

1) Who Owns The Copyright In The Photo?

Usually, the person who took the photo owns copyright in it (even if the photo is of your business, your staff, or your products).

That means:

• If you took the photo, you likely own it.
• If a photographer took the photo, they likely own it unless there’s an agreement transferring ownership or licensing use.
• If a staff member took the photo as part of their job, the business may own it - but this can depend on the employment arrangement and what “in the course of employment” looks like in practice.
• If a contractor took it (e.g. marketing freelancer), they often own it unless your contract says otherwise.

This is why it’s smart to put clear IP clauses into your contractor and creative agreements, rather than relying on assumptions. If you’re engaging freelancers, having a properly drafted Freelancer Agreement can help avoid ownership disputes later.

2) Did The Newspaper Copy It From Somewhere Public?

A common myth is that if an image is on Facebook, Instagram, LinkedIn, or your website, it’s “public” and therefore free to use. That’s not how copyright works.

Publishing a photo online usually means you’re giving viewing access - not granting unrestricted rights for third parties to reproduce it in their own publications.

Even if the photo is easy to download, copyright can still apply and permission may still be required unless an exception applies or the copyright owner granted a licence.

3) Are There Any Exceptions For News Reporting?

New Zealand copyright law includes limited “fair dealing” exceptions that may allow use of copyrighted material without permission in specific circumstances (including reporting current events).

In practice, whether a newspaper can rely on an exception will depend on the facts, including things like:

• the purpose of the use (e.g. genuine news reporting vs promotional content)
• how much of the work is used and whether it’s used fairly
• whether the use competes with the original market for the photo
• whether there is sufficient acknowledgement of the author/source where required by the relevant exception (and where it’s reasonably practicable)

This area can get nuanced quickly - and it’s not something you want to guess on if the photo is important to your business or brand.

What If The Photo Includes People (Staff, Customers, Kids, Or The Public)?

Even if copyright is clear, photos can trigger separate issues when they include identifiable people.

As a business, you should think about two angles:

• your rights if a newspaper uses a photo of your staff or customers in a way that causes harm
• your responsibilities when you take and use photos (especially for marketing)

Privacy And Personal Information (Privacy Act 2020)

If the image identifies an individual (or could reasonably identify them), it can be personal information. Under the Privacy Act 2020, agencies generally need to collect, use, store, and disclose personal information in line with the privacy principles.

Media organisations may be subject to different rules or complaints pathways in certain contexts, and there are also situations where a privacy complaint will turn heavily on the public interest and what’s “highly offensive” or not. But your business should still be careful about how you collect and share images - especially if you later provide them to third parties (including media).

For many businesses, it’s worth having a clear Privacy Policy and internal processes for handling image consent, particularly if you run events, childcare, health services, or community programmes.

Consent For Marketing vs Consent For News

Even where you’ve obtained consent to use a photo for marketing, that doesn’t automatically mean a third party can reuse it for a different purpose.

It’s also worth remembering:

• Consent can be limited (e.g. “for your website only”).
• Whether consent can be withdrawn (and what that means in practice) depends on the circumstances - for example, what was agreed, how the image is being used, and any legal or practical limits on “undoing” past publication.
• Using someone’s image in a sensitive or misleading context can create risk even if the photo was originally taken with permission.

If you regularly photograph customers, clients, or participants, consider using a signed consent form (especially for promotional use). A Model Release Form can help set clear expectations about how images will be used.

Common Scenarios For Small Businesses (And What To Do About Them)

To make this practical, here are a few situations we see regularly - and the main permission issue to look out for in each.

Scenario 1: The Newspaper Uses A Photo From Your Website

If the newspaper copies a photo from your website, the key questions are:

• Who owns the copyright in that photo?
• Did you license it from a photographer or stock library with restrictions?
• Is the newspaper relying on a current events / news reporting exception?
• Is the photo used in a way that misrepresents your business?

Action step: work out who owns the image rights first. If it’s not you, check your licence terms before firing off a takedown email - because you might not be the party with the legal right to enforce copyright.

Scenario 2: The Newspaper Uses A Photo You Posted On Social Media

If you posted it, you haven’t automatically “given permission to the world”. But social media platforms have their own terms, and sometimes content is shared, embedded, or republished in ways that are not straightforward.

Action step: capture evidence (screenshots, date/time, URL), then assess whether it’s a direct copy, an embed, or a screenshot. Your response may differ depending on what exactly happened.

Scenario 3: The Newspaper Uses A Photo Taken By One Of Your Staff

This is where internal documentation really matters. If your staff member took the photo as part of their role, your business may own the copyright - but disputes can still arise if your employment terms are unclear.

Action step: make sure your employment documents deal with confidentiality and IP in a way that matches how your business actually operates. Having a properly drafted Employment Contract can reduce confusion about who owns business content created at work.

Scenario 4: The Newspaper Uses A Photo Taken By A Freelancer Or Marketing Agency

This is a big one for SMEs. Many businesses assume that if they paid for the photos, they “own” them. But payment and ownership aren’t always the same thing.

Action step: check your contract. Ideally, your agreement should clearly state:

• who owns the IP in the photos
• what licences are granted
• whether you can sub-license the images to third parties (like media)
• whether you can use the images for advertising, print, and online

If you don’t have this in writing, it’s worth tightening up your contracts before your next campaign goes live.

How To Respond If A Newspaper Has Used Your Photo Without Permission

When you spot unauthorised use, it’s tempting to send an angry message straight away. But a calm, step-by-step approach usually gets better results (and protects your position if it escalates).

Step 1: Confirm What You Want

Before reaching out, decide what outcome you actually want. Common options include:

• removal of the photo
• credit/attribution
• payment (a licence fee)
• a correction if the photo created a misleading impression
• a commitment not to reuse the photo again

Step 2: Work Out Who Owns The Rights

As we mentioned, the person who took the photo often owns copyright. If you’re not sure, check:

• the original file metadata (if available)
• any invoices or emails about the shoot
• contracts with photographers, agencies, or freelancers
• employment arrangements (if staff created it)

If you need to enforce rights, you’ll want to be confident you’re the right party to do so.

Step 3: Gather Evidence

Take screenshots, save URLs, and keep copies of print editions where possible. Evidence matters if you need to show when the use occurred, how the photo was presented, and whether it suggested endorsement or wrongdoing.

Step 4: Contact The Publisher (Professionally)

In many cases, a polite but firm email resolves things quickly. You can ask:

• where they sourced the image
• what basis they believe they had to use it
• whether they’ll remove it or license it

Keep it factual. If you later need legal help, your early communications may be relied on as part of the paper trail.

Step 5: Get Legal Advice Before Escalating

If the publisher refuses, or if the photo is being used in a damaging or misleading way, it’s worth getting tailored advice early. Copyright disputes can escalate quickly, and you don’t want to accidentally make admissions or demand something you don’t have legal grounds to enforce.

Depending on the situation, you may also need advice about defamation, misleading conduct, or privacy - not just copyright.

How To Protect Your Business Photos From Day One

The best time to deal with permission issues is before a dispute happens.

Here are practical ways to protect your business content, without turning your day-to-day operations into a legal headache.

Put IP Ownership And Licences In Writing

Any time you pay someone to create content (photos, videos, designs, copy), you should have a written agreement that covers:

• who owns copyright
• what you’re allowed to do with the content (including print, ads, social media, PR)
• whether you can allow third parties to use it
• what happens if either party ends the relationship

This can often sit inside a broader service agreement. If you regularly engage external creatives, a tailored Service Agreement can help you set consistent rules across projects.

Use Clear Consent Documents When People Are In The Frame

If your photos include staff, customers, or members of the public, consider building a simple process:

• sign a release for posed shoots
• use event signage for general crowd photos (backed by a proper consent process where needed)
• be extra cautious with children and sensitive settings (health, counselling, community services)

Even where consent isn’t strictly legally required, it can prevent misunderstandings and protect relationships - which matters a lot for SMEs.

Check Your Website And Marketing Terms

If you publish images on your website, your terms can help set expectations about reuse, copying, and IP ownership. While terms won’t stop someone determined to copy, they can strengthen your position and make your boundaries clear.

This is where good online legal foundations matter, including a Terms Of Use that aligns with how your business actually operates.

Train Your Team On Content And Permissions

Many permission issues start innocently: a staff member uploads images to a shared drive, a contractor reuses old photos for a new campaign, or someone hands photos to media during an interview without checking rights.

A simple internal checklist can help:

• “Do we own this image?”
• “Do we have written permission to use it this way?”
• “Does it include people, branding, or sensitive information?”
• “Are we allowed to share it externally?”

If you already have workplace policies, it may be worth adding a short section on content and IP so everyone’s on the same page.

Key Takeaways

• Permission isn’t always required, but newspapers and online publishers can’t automatically use your images just because they’re publicly available online.
• Copyright is usually owned by the photographer, unless there’s an agreement (or employment situation) that changes who owns the rights.
• News reporting exceptions can apply in limited circumstances, but they’re not a blanket permission to reuse any image without consent.
• Photos that include identifiable people can raise privacy issues, so your business should be careful about collecting, storing, and sharing images.
• If a publisher uses your photo without permission, take a step-by-step approach: confirm ownership, gather evidence, decide your outcome, and communicate professionally.
• The best protection is proactive documentation - use clear contracts with photographers/contractors and clear consent processes for images featuring people.

If you’d like help setting up content permissions properly or responding to a photo dispute, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.