Go To The Olympics? Take Photos? Put Them On Flickr? Await Olympic Committee Legal Threat Letter
from the and-the-gold-medal-in-promotional-idiocracy-goes-to... dept
And we've got yet another example of insane attempts by the Olympics to extend copyright and trademark law well beyond its stated intentions (which, tragically, some governments have been known to accept in order to get the Olympics on their home turf). This time, it involves the International Olympic Committee sending a cease-and-desist to a guy who posted the photos he took at the Beijing Olympics on Flickr. Seriously.It's hard to understand what they're complaining about specifically. They mention that he violated the "terms and conditions" on the back of the ticket (which are often not enforceable, anyway) in "licensing pictures." Inquistr suggests the problem is that the guy, Richard Giles, put his own photos (on which he owns the copyright) on Flickr under a Creative Commons license. It's difficult to see what sort of leg the IOC has to stand on here (though, it may involve jurisdiction in a few different countries). The guy took photos himself -- so it's his copyright. Putting them under a CC license is then his decision. The trademark claims are laughable. At best, the IOC might be able to claim breach of contract in violating the "back of the ticket" agreement -- but even that seems like a stretch, and it's difficult to see what sort of "harm" the IOC could suggest these photos caused.
It's difficult to understand what the IOC thinks its accomplishing here. This was someone spreading the word (and view) of his Olympic attendance to his friends and many others online. You would think that would be seen as good and free advertising rather than as something for which the legal dogs should be unleashed. What sort of organization lets loose its lawyers on a fan posting photos showing off his cool experience attending an event? Honestly, I can't fathom what anyone at the IOC could possibly be thinking here.
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Next thing you know..
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Re: Next thing you know..
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A bit more on topic of your "to protect the artists copyright" sections at conventions I was happy that one artist that made a huge model of Big O at Otakon specifically allowed people to take pictures of it in the no camera zone.
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Of course
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Apparently in the modern world, accepted ideals are strictly for-profit.
Of course, there's always the fact that "COPYRIGHT INFRINGEMENT IS KILLING THE SPIRIT OF INTERNATIONAL COOPERATION AND PEACEFUL COMPETITION THAT USED TO BE THE OLYMPICS. PIRATES ARE KILLING WORLD PEACE".
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Funny thing, I actually agree with that comment. Copyright infringement and "piracy" are pointing out the absolute stupidity of how copyright is today and it's also pointing out how some Americans* are forcing insane laws down other countries throats. This causes animosity between nations and when that final thing happens, that could have been settled by talking, WWIII.
Now, the solution to this problem is not to get rid of the "pirates" but to reset copyright back to the way it was initially (and stop shoving our ideals down others throats). Back to where it encouraged the progression of the sciences and arts.
*at this point what they are doing is almost treasonous, they should not be called Americans any more.
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Grim and unfortunately insightful. The tensions mounting before WWII definately were the result of economic power plays, protectionism *and imperialism. Frankly I think that imperialism played much less during the mounting tension before the invasions started than some accounts would lead us to believe.
I had not been thinking along those lines at the time of the rant. Sad that even hindsight is blurred by temporal impulses, in myself and in the lemming idiots "weathering" the current crisis by trying to squeeze every ounce of gold out of the world "before it ends" (counting money they have NOW is the only life to these dangerous fools).
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Sad that it may indeed come to war3.
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Gotta Wonder
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New rule
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Did you actually READ the letter?
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Re: Did you actually READ the letter?
"Inquistr suggests the problem is that the guy, Richard Giles, put his own photos (on which he owns the copyright) on Flickr under a Creative Commons license."
And also, quite correctly, that:
"It's difficult to see what sort of leg the IOC has to stand on here [...]. The guy took photos himself -- so it's his copyright. Putting them under a CC license is then his decision."
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As for the athlete "promotion", I would need more information to come to a conclusion, however:
1) It would be a trademark violation of the athlete's name at most (and the IOC would have no standing there, as far as I can see).
2) There would have to be actual promotion involved. Simply including a picture (or digital representation, as recently decided by a judge in a sports game case) of an athlete in a product does not necessarily imply endorsement or trademark infringement.
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Never much cared for sports...
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Ever tried taking a real camera to a sporting event?
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Re: Ever tried taking a real camera to a sporting event?
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If they don't want the free advertising, quit trying to jam it down their throats, it isn't your choice.
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If a Google Maps satellite takes a picture of my backyard barbecue from space, can I send out my lawyers to protect my "eventright"?
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If I take a picture, it's my picture. I've taken nothing, I've stolen nothing and I've hurt nothing. No-one is any worse off for my having taken that picture.
Surely the legal system is in place to prevent harm...so point me to the harm and I'll side with you, otherwise, do one.
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It's an important thing to learn, you may take a picture and own the rights to that picture, but you don't always have license to the things that appear in the picture. Thus, locations, events, performers, etc - you may not have the right to distribute those images in public without their permission. They have the rights to control their image, their likeness, and their brand.
If you take the pictures for yourself and enjoy them yourself (and say with family) you are fine. Put them on the internet, and even if you are not getting paid, it is still a public exhibition, performance.
So you have rights to your image, they have rights to the content - they aren't trying to get control of the images, only to stop their public exhibition.
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Have anything to back that up? Because I think you're very wrong.
Trademark is based on preventing people from (A) Passing their goods off as someone else's and (B) implying endorsement by a particular person, corporation, or brand that has not actually provided an endorsement.
It is absolutely not meant to be used to prevent anyone from talking about or referencing a particular trademarked item (i.e. the "You can't talk bad about my business because the name of my business is trademarked and I don't give you permission to use it." garbage we see businesses trying to get away with today).
If I post a picture I took on the internet and there happens to be a McDonald's in the background, McDonalds's can't demand that I take it down (well, they can demand it, but that doesn't change the fact that they'll lose in court) unless they can prove that I'm using their trademark in a fraudulent manner.
If companies want to prevent people from taking and distributing pictures of their events, they can put it in their Terms of Service or in some other contract language, but that only applies to people who have agreed to said contract (e.g. a ticket purchaser), and it isn't a copyright violation if those terms are broken, it's a breach of contract.
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My point is that the law is supposed to protect people - the man who uploaded these pictures to Flickr caused NO varifiable harm to anyone, so it's a waste of resources and time.
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JHC
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Olympic - is it in any dictionary? Whith a written consent from an IOC?
Olympic, Olympic, Olympic, Olympic, Olympic, Olympic,
Olympic rings, Olympic rings, Olympic rings, Olympus...
here you are IOC! Send me a C&D!
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Who Cares?
We watch the Olympics because they're on, plain and simple. I think we all have an obligation to let these morons know that if they don't evolve with us and our wants, then we're not going to watch them.
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Re: Next thing you know..
-Depends on the country and local laws governing. In Canada (where I live) art commissioned is copyright the person commissioning the art. (Work for Hire Laws). Photographers, Painters, Sculptors etc. have to have the copyright assigned back to them via a legal agreement, usually part of the contract they work under if they want the copyright- these laws differ place to place though.
As to the IOC holding the rights, unless you had a model release (needed for buildings and such too sometimes if it's recognizable) they should be able to license "how" you use the images - a public performance like putting them on flickr - may very well be contrary to their acceptable use of the recognizable aspects of the event, players etc. The artist would still hold the copyright of the images, but not the right to display them publicly. Of course, those laws would be subject to change depending on country/state laws etc. as well I think.
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The 'committee' needs to see who can jump furthest off of the nearest cliff. I'll be first to take the bets. Dollar bets of course. Sporting indeed.
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And this is a reason why I refuse to watch the Olympics
Even the NFL and Major League Baseball aren't this crazy when it comes to greed (well, maybe except for Dan Snyder in Washington).
I cheered when Chicago didn't get the Olympics. Nothing against Obama or the Windy City, but those greedy a**holes can take their exhibition of greed and steroids elsewhere.
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Olympics
The money could be much better spent on *important* things, such as education, affordable housing and health care.
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Re: Olympics
> *important* things
Or here's a thought: don't spend it at all. Give it back to the people to whom it belongs. Better yet, don't take it in the first place.
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In the US, if it is public view, then it's fair game. Inside a vehicle is considered "public," which I don't agree with (actually, this could be a state thing - you can't have tinted windows in the front in my state for this reason), but if a celeb is involved with hanky panky or coke snorting in his or vehicle, it's fair game.
Not all tabloid photos are legally acquired, but the only people who can fight this are those in the photos/slandered. Then it's a question of whether or not it's worth wasting money on lawsuits when the photos are already out there in thousands/millions of magazines and on websites.
"US whines if it can't have its own way"
Wow, so you think the US shouldn't band together with other countries to hold the IOC and its judges accountable? Figure skating is an excellent example of how the athletes get screwed by money and power in the Olympics (judges were paid off to give higher marks to certain figure skaters, just in case you didn't know about that).
***
Well, I used the word "Olympic" several times in my blog, today. If the IOC has a problem with it, they can kiss my ass. I am an American whose website is hosted on an American web server and my writings and photography are protected under the First Amendment.
I will watch the Olympics because I like and participate in winter sports. The athletes are great motivators for me. In addition, no one is making money off of me because I'm not one for following the direction of commercials. :-D
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