International Olympic Committee tells Flickr user to change license

[Risker]

Interesting article about how the International Olympic Committee is
cracking down even on CC-SA licenses:

http://www.thestar.com/olympics/article/707868--olympics-warns-man-about-sharing-photos-on-website

I am certainly not in the forefront of the free information pack, but even I
find this concerning.

Risker
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[Keegan Paul]

Who doesn't enjoy when a NGO imposses its unilateral will upon the world?

-- Sent from my Palm Pre
Risker wrote:

Interesting article about how the International Olympic Committee is

cracking down even on CC-SA licenses:



http://www.thestar.com/olympics/article/707868--olympics-warns-man-about-sharing-photos-on-website



I am certainly not in the forefront of the free information pack, but even I

find this concerning.



Risker

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[geni]

2009/10/9 Risker <risker.wp@...>:
> Interesting article about how the International Olympic Committee is
> cracking down even on CC-SA licenses:
>
> http://www.thestar.com/olympics/article/707868--olympics-warns-man-about-sharing-photos-on-website
>
> I am certainly not in the forefront of the free information pack, but even I
> find this concerning.
>
> Risker

The IOC are very serious about defending their logos. It's a little
known fact that the Greco-Persian Wars were actually a failed IOC
attempt to enforce their trademarks.

" even on" is a bad choice of words. From the IOC's POV CC-BY-SA is
probably the worst possible option. Private photos without a release
are a limited threat since they are only likely to be shared among
friends and family. Those looking to sell such photos know the rules
and can be delt with through legal threats and threats of loss of
access. CC-BY-SA however is hard to shut down the way proffesional
photography can be delt with but offers a might wider threat than non
released amateur photos.


--
geni

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[Fajro]

On Fri, Oct 9, 2009 at 5:02 PM, geni <geniice@...> wrote:
> 2009/10/9 Risker <risker.wp@...>:
>> Interesting article about how the International Olympic Committee is
>> cracking down even on CC-SA licenses:

The blog of the photographer:

http://richardgiles.com/2009/10/09/the-olympics-and-creative-commons-photographs/

--
△ ℱajro △

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[Sage Ross]

On Fri, Oct 9, 2009 at 4:42 PM, Fajro <faigos@...> wrote:
> On Fri, Oct 9, 2009 at 5:02 PM, geni <geniice@...> wrote:
>> 2009/10/9 Risker <risker.wp@...>:
>>> Interesting article about how the International Olympic Committee is
>>> cracking down even on CC-SA licenses:
>
> The blog of the photographer:
>
> http://richardgiles.com/2009/10/09/the-olympics-and-creative-commons-photographs/
>

That clears things up a lot, and brings up a lot of new questions.
Wikipedia is actually at the center of this whole thing: Richard Giles
changed the license on this photo of Usain Bolt (first to CC-BY-ND to
CC-BY-SA)
http://www.flickr.com/photos/richardgiles/2767537621/

at the request of a Wikipedian so that it could be added to Wikipedia
http://commons.wikimedia.org/wiki/File:Usain_Bolt_Olympics_Celebration.jpg

And Wikipedia is probably where the British merchant found the photo,
which he used to promote a book.  And that commercial use is what drew
the attention of the International Olympics Committee.  So now the
IOC, it seems, wants Giles to put the CC-BY-SA genie back in the
bottle.

What are the legal implications here?  Does the contract (private use
only for photos) implicitly agreed to by Giles when he bought a ticket
to the Olympics invalidate the CC-BY-SA license, despite that
downstream re-users (like us) weren't a party to the original
contract?

-Sage

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[Ray Saintonge]

Sage Ross wrote:
> What are the legal implications here?  Does the contract (private use
> only for photos) implicitly agreed to by Giles when he bought a ticket
> to the Olympics invalidate the CC-BY-SA license, despite that
> downstream re-users (like us) weren't a party to the original
> contract?

Can anyone produce a copy of the actual text on the back of the ticket?  
I  nevertheless see no basis for enforcing this against a third party.

Here in BC we also have the provincial government, at the behest of the
IOC, trying to pass legislation to allow officials to remove signs from
the windows of people's homes without a warrant if those signs offend
the IOC.

Ec

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[Durova]

Commons discussions on this type of point usually have more to do with
museum terms of entry.  Many museums issue fine print on the backs of their
admissions tickets which assert contract law to restrict distribution of
visitor photography.  Practice has been to regard that as irrelevant to
Commons when the underlying artwork is PD and the uploader places the
photograph under free license, since any applicable contract law would apply
between the institution and the patron rather than downstream users.

One question that comes to mind is whether photography at the Olympic games
falls under any other applicable concept besides contract law.  These are
human beings rather than historic art objects, so if the photography occurs
indoors then personality rights might arguably apply.  It would be
interesting to hear from someone with specific legal expertise whether--for
example--amateur photographs of an ice skating competition would be on the
same footing as equivalent photographs of a downhill skiing event, or
whether the summer marathon would be different from a gymnastics event.

-Durova

On Sat, Oct 10, 2009 at 4:55 PM, Ray Saintonge <saintonge@...> wrote:

> Sage Ross wrote:
> > What are the legal implications here?  Does the contract (private use
> > only for photos) implicitly agreed to by Giles when he bought a ticket
> > to the Olympics invalidate the CC-BY-SA license, despite that
> > downstream re-users (like us) weren't a party to the original
> > contract?
>
> Can anyone produce a copy of the actual text on the back of the ticket?
> I  nevertheless see no basis for enforcing this against a third party.
>
> Here in BC we also have the provincial government, at the behest of the
> IOC, trying to pass legislation to allow officials to remove signs from
> the windows of people's homes without a warrant if those signs offend
> the IOC.
>
> Ec
>
> _______________________________________________
> WikiEN-l mailing list
> WikiEN-l@...
> To unsubscribe from this mailing list, visit:
> https://lists.wikimedia.org/mailman/listinfo/wikien-l
>

--
http://durova.blogspot.com/
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