Who owns the footage from a video shoot in New Zealand?
Most people assume the answer is the opposite of what the law actually says. Worth five minutes before you sign anything.
This is a general explanation, not legal advice for your specific situation. If real money or a real dispute is on the table, a lawyer is worth the conversation.
The default position
Under section 21(3) of the Copyright Act 1994, a client who commissions and pays for a video or photographs is the first owner of the copyright by default, unless the parties agree otherwise in writing.
Most people, including plenty of people working in the industry, assume it is the other way round, that the person holding the camera automatically owns what they shot. In New Zealand, without a written agreement saying otherwise, it is the client.
Why almost every videographer’s contract says something different
Because the default does not suit either side particularly well as written.
A videographer who loses copyright on everything they shoot cannot reuse footage, cannot show it in a portfolio, and effectively hands over ownership of their own visual style along with the finished file.
So most professional contracts include a written clause reversing the default: the videographer keeps copyright, and the client receives a licence to use the delivered files for an agreed purpose. That is a deliberate, legal agreement to the contrary, which section 21(3) explicitly allows.
Licence versus assignment, and why it matters
If you need outright ownership, whether for legal reasons, resale, or because you might significantly re-edit the material later, say so before the job starts. Adding it afterwards is a different conversation than agreeing it upfront.
What to check before you sign anything
If it does not say, ask. Silence usually means licence, but it is worth confirming.
Some are broad, some are scoped to a specific use or platform. A licence for “your website” is narrower than one for “any purpose”.
Usually not, by default. It is a separate, often chargeable item, and it is worth knowing before you assume you will have it.
Files delivered by a transfer service often have an expiry. Download and back up promptly rather than assuming they will always be there.
The short version
By default, you own it. Almost every contract you will actually sign changes that in writing, and reasonably so. Read the ownership clause before you sign, not after you need the raw file.
How this works on jobs booked through this site is on the terms page.