Jetstar Airways is an Australian based low cost airline wholly owned by the Qantas Group. It is headquartered in Melbourne.
Competitions or appeals seeking submissions of creative works from the public, works such as photos, videos, poems, music, etc., are reviewed by the Artists' Bill of Rights campaign. The reviews are to help you decide whether or not you should participate in the competition or appeal. When you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work. These rights are called intellectual property rights. Note: Rights for works created in the course of employment are usually owned by the employer (i.e. works for hire).
Rights have a value and you are free to decide what that value is. If a person or organisation wants to use your work to promote something, you have the right to refuse permission or to set a fee for a specific use. More information about intellectual property rights and their value to you can be read in our Guide to Rights & Licensing.
Listed below in order of closing date are the competitions or appeals promoted by this organisation that we have reviewed. For each we detail how their terms and conditions will exploit your rights. To read our review(s) just click on any competition/appeal title below.
TERMS AND CONDITIONS (Extract)
5. To enter, Eligible Entrants must, during the Promotion Period:
10. While the Eligible Entrants retains the copyright of all images submitted as competition entries, the Eligible Entrants grants Jetstar the right to unlimited world-wide use of the photos for company brochures, promotion and advertising relating to products or services from Jetstar and other providers, including without limitation agreeing to the publication of any winning photographs in the Herald Sun, Sydney Daily Telegraph, Brisbane Courier Mail, Adelaide Advertiser, Perth Western Australian, Northern Territory News and the Hobart Mercury newspapers on 26 January 2012.
Eligible Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth), or any other such similar rights. Note the entrant still retains ownerships of copyright, albeit with the grant of a broad licence to Jetstar to use the photos.
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The following notes explain how the above terms and conditions affect your rights in respect of any works you submit to the above competition.
The terms and conditions require you to waive your moral rights. This means you will not be able to object to how your work is used in future, such as it being altered in a manner you may find derogatory, or if it is used to promote a product or cause you find objectionable. You have also lost your right to be credited as the author of your work.
The terms and conditions do not state you will always be credited when your work is reproduced. One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced.
The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 5 years or less should be set with usage limited solely to promoting the competition or appeal. It is permissable to use winning works for ever but only with the sole purpose of promoting a recurring competition, no other purpose.
The terms and conditions grant the organiser the right to use your work beyond that needed to promote the competition or appeal. Your work will be used for other purposes without limitation. Usage of your work should be restricted solely to promoting the competition. If the organisation wishes to use your work for any other purpose they should negotiate with you independently of the competition. You should have the right to negotiate an appropriate fee for the specific use they want to make of your work and to set a time limit on such use. You should also have the right to refuse use of your work. For further information on fees and licensing refer to the Introduction to Rights and Licensing.
For further guidance please read the Artists' Bill of Rights.
We understand from one of our campaigners in Australia, William Long, that in a telephone conversation he had with Jetstar they stated that the "sole purpose of the competition is to gain images that they can use for marketing purposes". They stated that they need at least 3000 images to use as collages. Note that there are only 150 vouchers as prizes.
We have written to this organisation, submitted a link to this report and urged them to adjust the competition rules as set out in the ABoR Principles document.
If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 17/01/2012 : 23:33:04
Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -
We have written an Organisers Guide to the Bill of Rights to help organisers draft terms and conditions that respect the rights of entrants and at the same time provide legal protection for the organiser.
© Bill of Rights Supporters Group
The above text may be reproduced providing a link is given to the Bill of Rights For Artists.
Any text reproduced in italics in this report has been extracted from a competition or appeal website for the purposes of review.
Organisations who would like to be promoted as a Bill of Rights Supporter and have their competitions promoted on the Rights On List can use this contact form. We look forward to hearing from you.
Pro-Imaging is a worldwide support group for professional photographers
who are pro-active in defending photographers rights.