[WikiEN-l] International Olympic Committee tells Flickr user to change license

[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 at telus.net> 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
>
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