The Helicopter Line is New Zealand’s leading helicopter operating company. Formed in 1986 when 3 separate helicopter companies combined, The Helicopter Line has grown to become the largest Kiwi owned Helicopter Company in New Zealand and the largest provider of scenic flights in the country. About
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.
3. To enter the entrant must:
5. By submitting a photo the entrant is confirming that they hold usage rights to the photo and give approval for the photo to be displayed on Skyline Enterprises / Totally Tourism / The Helicopter Line websites and other publications, print and digital. (Underline ours)
14. All entries and any copyright subsisting in the entries become and remain the property of The Helicopter Line. Any entries may be published in any Skyline Enterprises / Totally Tourism / The Helicopter Line -associated publications.
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 or appeal.
Item 3a: Requiring entrants to post to social media, who have separare terms and conditions, is not good practice. See "Competitions and Social Networks".
Item 3b: Because of the nature of the prize, the winner must travel to collect the prize. Although our principles do not technically prohibit this, it does involve a cost burden on the winner. Given that you're already assigning your copyright, this would involve a substantial giveaway to the organizer. Copyright has great monetary value, and you should never give away copyright without asking a large fee. See #4 below.
Item 5: The terms and conditions are unclear about how your work will be used. Never submit works to a competition or appeal without knowing how the terms and conditions will affect your rights. However, because the winner is forfeiting the copyright to the organizer (term 14), you have no rights at all.
Item 14: The terms and conditions are claiming your copyright. You will no longer be the owner of your work, legal ownership will be transferred to the organisation. You will not be permitted to use or reproduce your work again without permission from the new owner. Claiming copyright means you must remove the submitted work from your Instagram account and forever disassociate yourself from every image you entered. You also lose moral rights (#5 below). For further information on fees and licensing refer to the Introduction to Rights and Licensing
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. However, as state above, because you have surrendered copyright to the organizer, you will never be credited nor will you have a say in how your work is used. You no longer have any connection to your entry.
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.
The Helicopter Line / Totally Tourism Ltd
PO Box 1530, Queenstown, New Zealand
Phone: +64 3 441 4623
Fax: +64 3 442 3529
To write to the organizer and urge them to adopt the principles set out in the Artists' Bill of Rights use this this email address:
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 2015-12-08 14:07:13
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.