IOC Tries to Take Down Olympic Photos on Flickr

by Jordan Yerman | October 7, 2009 at 09:38 am
3454 views | 46 Recommendations | 12 comments

Photos

Beijing Olympics Water Cube | Photo 02

Beijing Olympics Water Cube | Photo 02

see larger image

uploaded by rich115

The International Olympic Committee (IOC) is now sending takedown notices to Flickr users who post photos taken at Olympic venues. The takedown letter described below was sent to Richard Giles, who's on the Australian Web Industry Association, over a photo he took of the Beijing Water Cube. The letter linked below is a bit startling, mainly because Howard M. Strupp, the IOC's Director of Legal Affairs seems a bit confused about what Flickr is: a non-professional photo storage site. A shoebox, in other words. 

The letter is a legal threat against Giles for hosting images of the Olympics on his Flickrstream in what the IOC feels is a violation of the terms and conditions of his ticket. You can read a large size version of the BS letter that the IOC sent to Giles here.

The legal issues raised by the C&D are mixed on a couple of fronts. The IOC has zero standing in demanding that Richard remove photographs outside of Olympic venues. It would also have a very slim to zero claim over the use of the term Olympic in Richard describing pictures he has taken, for example a description on this shot stating “Beijing Olympics Water Cube” is a factual description of the shot, as opposed to any effort to hijack the Olympic trade mark.

I hope that the IOC is aware that it's about to show up in one of the most media-savvy towns in the world, and that trying to stop private citizens from posting "unauthorized" photos will be nothing short of a fool's errand. This sort of hostility towards Olympic fans is both wasteful and pointless. Does the IOC not understand why people go to the Olympic Games? (Hint: to come home with once-in-a-lifetime memories. This includes things like... photos) If the IOC has trouble understanding what the Internet does, they can probably find someone to ask. My own consulting rate is quite reasonable.

By the way, Richard... great photo!

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0
Amy Judd

I think that after the Olympics are over in a city then anyone should be able to post their photos, who cares? It's over.

0
strawman

The IOC must protect its intellectual property at all costs, even if it means suing their fans.They clearly printed on the ticket that photographs within their venues are strictly prohibited. Whomever took that photo was in violation of the contract he engaged in when he attended the event.

0
Amy Judd

Oh I didn't know that - I've never seen an Olympic ticket.

1
Tim Baker

One problem: the ones I've seen are from OUTSIDE the event - the stadium and I doubt the Water Cube was inside that?So if you haven't bought a ticket, nor are taking pictures of a ticketed event inside the event anyway, how can you be bound by it's 'contract'?

0
Sudha Krishna

The IOC from my understanding is one of the few organizations to enjoy a wide ranging international copyright (as opposed to a National, country-by-country copyright). This news is ironic considering an Olympic Congress in Copenhagen urged the IOC to embrace New Media

0
kix r

but I didn't buy a ticket to the olympics. i went to the venues months after it was over and i didn't need to buy any ticket to get on the grounds where i took photos. and nowhere did i see nor was i told that taking photographs was prohibited. duh.

0
JJ420

Coming next: You must pay royalties to use your eyes.

0
nerdfoo

People,At issue isn't that he took photos of olympic venues. The IOC, in it's letter, is taking issue with the photographer licensing his photos of olympic venues through the Creative Commons. I can only speculate that people may use CC images rather than official images that may or may not require purchasing rights from the IOC for their use. A CC license circumvents this likely revenue stream for which the IOC is then taking issue with the photographer.I don't agree with their position, but let's talk about the facts. The IOC is *not* proposing a ban on cameras at or around it's venues, and they specifically allow photography for personal use. In the IOC's mind, licensing the images under CC no longer fits 'personal use.' THAT is the issue here.

0
PhotoBob

Those who are singling out the IOC as the bad guy just don’t know what they are talking about. When I attended the Canadian Figure Skating Championships in 2008 run by the CFSA (Canadian Figure Skating Association) it was clearly stated on the back of my tickets, “"Ticket holders are only permitted to use cameras at the event for personal use. Cameras lens must not be larger than 200mm. Absolutely no video cameras or digital cameras using video are allowed. No flash photography is allowed. Any resale of photography is strictly prohibited." A similar statement was on the back of my tickets to the World Figure Skating Championships run by the ISU (International Skating Union) in <?xml:namespace prefix = st1 />Edmonton, Calgary, Vancouver and Minneapolis. Also, just try to take a semi-professional or professional camera into a Vancouver Canucks or BC Lions game. I guarantee you that you will be prevented from doing so. What about the rights of the Professional Photographers at these events who make their livelihood from photography? Most have worked hard to earn the right to one of those hard-to-obtain photojournalist passes. Should they not be protected from having to compete with the potential of hundreds of spectators with their cameras selling photographs on the web? If you want to be a professional photographer with those rights take a professional training course and work hard to earn those rights and privileges. We do not live in anarchy. There are rules. Rules that are there for a reason and must be followed or our whole society starts to break down. Also, I hope Richard Giles learned a lesson from this incident. If you value your photographs you need to protect them from others using them for commercial purposes. He should have “stamped” every photo he put on line with “All Rights Reserved” or similar phrase whether he owned the rights or not. While many will ask permission to use your photos many will not and you have no legal recourse. Certainly every photo I take at the 2010 Olympics will be digitally stamped by my camera “All Rights Reserved”!  The IOC is allowing you to photograph the Olympic events that you attend. Just be happy to have that privilege and don’t abuse it or it could have a negative impact on everyone at future Games.

0
Andreas_BK

Also, I hope Richard Giles learned a lesson from this incident. If you value your photographs you need to protect them from others using them for commercial purposes. He should have “stamped” every photo he put on line with “All Rights Reserved” or similar phrase whether he owned the rights or not. While many will ask permission to use your photos many will not and you have no legal recourse.You need to read up on Creative Commons.

0
Martin Slavin

The International Olympic Committee need to tighten up their act over these copyright issues. In line with their corporate policy agenda to take greater copyright control over their franchised product by taking more image product in house they should ban fans from taking cameras into the venues. This would create a potentially huge market where the IOC could sell a range of 'official memento stills' to punters which, given the rapid turnround potential of electronic media, would be available for sale very soon after the exciting moments occurred.

They should follow the bold initiative of FIFA during the 2006 World Cup in Germany. According to a report in the Times newspaper; "Hundreds of Dutch supporters watched their team’s 2-1 win over the Ivory Coast on Friday in their underwear. They turned up at the match in Stuttgart in bright orange lederhosen displaying the name of Dutch brewery Bavaria. Stewards told them they had to remove the offending outfits or they wouldn’t be allowed in so they did. The reason for the strip order? Budweiser is the tournament’s official beer and Fifa always takes care of its sponsors"

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First Flagged at 10:39 AM, Oct 7, 2009 by smkovalinsky
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