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Home > International Olympic Committee v. Giles

International Olympic Committee v. Giles [1]

Submitted by DMLP Staff on Thu, 12/10/2009 - 09:32

Summary

Threat Type: 

Correspondence

Date: 

10/06/2009

Status: 

Concluded

Location: 

Australia

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Breach of Contract
Trademark Infringement
The International Olympic Committee (IOC) sent an email to a Flickr user Richard Giles  asking him to cease and desist from distributing and/or licensing photographs of the 2008 Beijing Olympic events that he had photographed while at the games and... read full description
Parties

Party Receiving Legal Threat: 

Richard Giles

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • Switzerland

Location of Party: 

  • Australia

Legal Counsel: 

Howard M. Stupp

Legal Counsel: 

Pro Se
Description

The International Olympic Committee (IOC) sent an email to a Flickr user Richard Giles [2]  asking him to cease and desist from distributing and/or licensing photographs of the 2008 Beijing Olympic events that he had photographed while at the games and posted on Flickr.

Giles originally put the photographs online under a CC Attribution-Share Alike License (CC BY-SA) [3], but then relicensed them under a CC Attribution-No-Derivatives License (CC BY-ND) [4] upon the request of a Wikipedia user, so that they could be used in a Wikimedia project. Later on, a British bookstore used one of Giles' pictures for promoting a book. When this came to IOC's attention, they sent the cease and desist letter to Giles. 

IOC invoked contractual limitations found on the back of tickets:

As you know, when entering any Olympic venue, you are subject to the terms and conditions mentioned on the back of entry tickets, under which images of the Games taken by you may not be used for any purpose other than private, which does not include licensing of the pictures to third parties.

The letter also suggested a trademark-oriented claim:

Olympic identifications such as the Olympic rings, the emblems and mascots of the Olympic games, the word 'Olympic' and images of the Olympic games belong to the IOC and cannot be used without its prior written consent.

Giles reports that it was not clear to him what exactly the IOC wanted him to do, so a chain of mutual emails followed, in which IOC clarified its position that the only acceptable copyright notice for pictures from Olympic events would be "all rights reserved." In an effort to keep the CC licensing regime, Giles counter-suggested licensing the pictures under a noncommercial CC license, but IOC declined:

IOC's current policy is to restrict the use of pictures taken at the venues to private, domestic and non-commercial use and does not allow licensing of pictures to third parties, even for free non-commercial use, for the reasons I explained in my previous email.

Therefore, for the time being the IOC considers full copyright as the only suitable credit and asks that you change the license of the photos taken inside of the Olympic venues to 'all rights reserved'.

Throughout the course of these events Giles was in touch with the Electronic Frontiers Australia [5], a nonprofit organisation supporting online freedoms and rights,  and Creative Commons Australia [6], both of which advised him that as a first step he should comply with the IOC's demand. Eventually Giles reverted all pictures to full copyright protection, adding a note under every picture: "The license on this photo has been changed from Creative Commons to Copyright [sic] due to a request from the IOC."

Related Links: 

  • Flickr: rich115's photostream/tags/beijingolympics [2]
  • Richard Giles Blog: The Olympics and Creative Commons Photographs [7]
  • Richard Giles Blog: The Olympics and Creative Commons Photographs Part 2 [8]
  • Electronic Frontiers Australia: a short story about the Olympics and non-commercial CC Photos [9]
  • Inquisitr: IOC Sends C&D To AWIA Committee Member Over Olympic Photos on Flickr [10]
  • TechDirt: Go To The Olympics? Take Photos? Put Them On Flickr? Await Olympic Committee Legal Threat Letter [11]
  • Boing Boing: Olympic Commitee Claims that Photographing Exterior of Venues Violates Copyrights [12]
Details

Web Site(s) Involved: 

www.flickr.com [13]

Content Type: 

  • Photo

Publication Medium: 

Website

Subject Area: 

  • Copyright
  • Trademark
  • Licensing
Court Information & Documents

Jurisdiction: 

  • Australia

Relevant Documents: 

Image icon 3988389213_da172a8da0_b.jpg [14]
CMLP Information (Private)

Priority: 

1-High

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/international-olympic-committee-v-giles

Links
[1] https://www.dmlp.org/threats/international-olympic-committee-v-giles
[2] http://www.flickr.com/photos/richardgiles/tags/beijingolympics/
[3] http://creativecommons.org/licenses/by-sa/2.0/
[4] http://creativecommons.org/licenses/by-nd/3.0/
[5] http://www.efa.org.au/
[6] http://www.creativecommons.org.au/
[7] http://richardgiles.com/2009/10/09/the-olympics-and-creative-commons-photographs/
[8] http://richardgiles.com/
[9] http://www.efa.org.au/2009/10/15/a-short-story-about-the-olympics-and-non-commercial-cc-photos/
[10] http://www.inquisitr.com/41108/ioc-sends-cd-to-awia-committee-member-over-olympic-photos-on-flickr/
[11] http://techdirt.com/articles/20091008/0252066460.shtml
[12] http://www.boingboing.net/2009/10/07/olympic-commitee-cla.html
[13] http://www.flickr.com
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/3988389213_da172a8da0_b.jpg