Airshow photographic condition

[Dave Homewood]

Reading the Terms and Conditions of the upcoming Hamilton Wings and Wheels I noted a clause which states:

"Still and moving photography is permitted from the air show venue for private use and event organiser accredited media only."

Does this mean they can legally stop us posting photos to forums without their consent? I'm no legal expert but to me it seems to read that way. Is this a usual condition with airshows elsewhere? Just wondering.

[Dave Homewood]

Oh, here's the link by the way

www.airshow.co.nz/airshow-new-zealand-terms.php

I don't like the look of this one either:

"It is a condition of entry to the air show, that all persons attending the event, assume full responsibility for any risk of bodily injury, death, property damage, whether caused by negligence of the Management, their employees or agents, or otherwise while the person is entering or leaving any part of the airfield and parking areas."

So are we fine inside and outside the airfield, but we're screwed if killed at the gate?

[amitch]

Nearly every airshow held here for a number of years now, has had those or similar terms.

All it means is that when you are inside the field or as you leave (ie: hit by a passing car) you can't sue the event.

Posting on a forum would be considered private use, as you aren't making money from it.

[Peter Lewis]

admin said:

Oh, here's the link by the way

www.airshow.co.nz/airshow-new-zealand-terms.php

I don't like the look of this one either:

"It is a condition of entry to the air show, that all persons attending the event, assume full responsibility for any risk of bodily injury, death, property damage, whether caused by negligence of the Management, their employees or agents, or otherwise while the person is entering or leaving any part of the airfield and parking areas."

So are we fine inside and outside the airfield, but we're screwed if killed at the gate?

This clause does not actually mean a lot. Under OSH law, the person in control of any place is required to survey that place, identify any actual and potential hazards, and then eliminate or minimise those hazards. If anyone is damaged at that place, then the controlling authority is liable under law if they cannot prove that they have taken those steps. No one is permitted to contract out of this law (same as the Sale of Goods Act, no private company or trader can contract out of that Act either, although many try).
I find it puzzling whenever I see a sign that says something along the lines of 'Caution, surface slippery when wet'. All this does is admit that those in charge of this place have identified a hazard, and then deliberatly chosen not to eliminate that hazard. About the worst thing that they can do, as in the event of an accident they cannot even claim that they were unaware of the existance of the hazard. They are guilty even before the event happens.

[Dave Homewood]

Thanks for clarifying chaps

[greaneyr]

Dave

I just want to quote what was written to me in an e-mail by a reputable New Zealand aviation journalist on this exact subject matter:

"Don't accept that nonsense from airshow promoters about not being able to sell images taken at an airshow. They have no control or right to prevent you doing anything you want with your photos - as long as you don't include any of their trademarks or recognisable brands in the images. If you are at a public place where the aircraft flying overhead are "public domain" as it were, they can't stop you. They try it on - they do the same at Wanaka - but they would be pushing sh** uphill with a toothpick if they thought they'd ever be able to take legal action to stop you doing what you want with YOUR photos."

So it's just food for thought. I guess they want to eliminate the chance that 15 different amateurs would each release their own calendar, video, DVD or book detailing 'official' images from their airshow. It's probably a bit like the music industry banning use of photos and videos at concerts - the difference between an airshow and a rock concert is that a concert deals with intellectual property whereas an airshow is just aircraft. You could have sold a photo of the same aircraft taking off from it's home base to fly to the airshow the day before... You could even have sold photos of it practicing. So why is the actual airshow any different?

Regards
Richard

[Dave Homewood]

Thanks Richard.