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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22827
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am working on a online advert company and did some filming

Customer Question

I am working on a online advert for a company and did some filming around the auckland trainstation, in the station and on the train.
I was told while there by the train staff that I would need permission to use it if it was for a commercial project (but fine if it was private, none payed).
If i already have the footage and there are no logos or brands in the shots would I be safe to use the footage I now have or could the train company come back to me or the advertiser if they see it...
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
to clarify, If I did not have a permit from them but already have the footage and use it in my online commercial (not for TV). Can they legally pursue me to or the advertiser who owns the video... or will I be safe to use the footage now that I have it.
Expert:  Chris The Lawyer replied 1 year ago.

If this is a public place, then you are free to undertake the filming. The same applies for the advertisements which you may or may not have included. If someone places these in a public place, and you decide to film in that area, then there is no problem with copyright. You are quite safe to use the footage

Customer: replied 1 year ago.
but is a the auckland train station a considered public place? as it is owned and opperated by auckland transport...
Expert:  Chris The Lawyer replied 1 year ago.

Yes, because the public are free to enter and leave without restriction

Customer: replied 1 year ago.
but you do have to pay to get onto the train and through the gate to where the train is..
Expert:  Chris The Lawyer replied 1 year ago.

You are paying to use the train and not the station.

Customer: replied 1 year ago.
ok great.. we also filmed on the train though and want to use that clip... the shot is of a girl riding the train (window and train seats in background but out of focus)
Customer: replied 1 year ago.
thank you for your help, I just need to clarify that one last thing
Expert:  Chris The Lawyer replied 1 year ago.

You can get help from the Privacy Commission website which has guidelines which while not directly on point, will provide some help. Principle 1 of the Privacy Act states that an agency must not collect personal information unless it is for a lawful purpose connected with a function or activity of the agency. The collection must also be necessary for that purpose. So filming in a public place does not offend against privacy, because it is a lawful purpose to make advertisements as part of your job.

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