[Wikimedia-l] photography restrictions at the Olympics

[Tomasz Ganicz]

2012/7/24 Cristian Consonni <kikkocristian at gmail.com>:
> 2012/7/24 Amir E. Aharoni <amir.aharoni at mail.huji.ac.il>:
>> Hi,
>>
>> The Olympic games are beginning soon. Apparently, ticket holders
>> cannot use photo equipment longer than 30cm and cannot use the photos
>> and videos for commercial purposes without accreditation.
>>
>> Practically everything that happens at the Olympics is notable and
>> should be on Wikipedia, Commons, etc. Does anybody know whether there
>> are professional accredited photographers who are Wikimedia-friendly
>> and plan to upload their photos? If there aren't any, does anybody
>> know whether a Wikipedian can obtain such accreditation?
>>
>> This doesn't concern me directly, but there are many, many people who
>> write Wikipedia articles about sports in all languages and it may be
>> interesting to them. Also, it may be a frequent issue in sports and
>> I'm just not aware of it because I rarely follow sports.
>>
>> Sources for the restrictions:
>> * http://www.tickets.london2012.com/purchaseterms.html
>> * PDF: http://j.mp/london2012prohibited
>
> I think this another layer of problems besides copyright, with
> CC-BY-SA the author grants permission to reuse the photo also for
> commercial purposes without requesting permission to the author. But
> there are many other layers of rights which could interfere with the
> free (or better the "anarchic") reuse of a photo. For example I think
> that using an image of Usain Bolt to promote a book without explicit
> permission from the athlete (or his agent) is anyhow unlawful even if
> the photo was taken, for example, in the street and freely licensed.
> That said I think with can treat photo from the Olympics in a similar
> way as we do for photos with "personality rights", we could put a
> template saying "Olympics photo warning: to reuse for commercial
> purposes this photo you should obtain permission from IOC and/or
> individuals depicted in the photo".
> The point is that the author of the photo allows for it the widest
> possible reuse permitted by CC-BY-SA, thus sharing part of its
> copyright with others,  but if one wants to use the photo for
> commercial purposes that he should go (himself, not the author)
> through the hassle of obtaining permission from the relevant subjects.
>
> Could it work?
>

No. CC-BY-SA clearly allows for commercial use of works, and there is
also clause that the licence cannot be accompanied by extra
restrictions which are not compatible with the licence.  However,
CC-BY-SA is only copyrights licence, so all other legal restrictionz
are still in power. For example: using someone's face in big-scale
commercial or political campaign may be treated as a infringement of
personal rights, even if the face is taken from CC-BY-SA picture...



-- 
Tomek "Polimerek" Ganicz
http://pl.wikimedia.org/wiki/User:Polimerek
http://www.ganicz.pl/poli/
http://www.cbmm.lodz.pl/work.php?id=29&title=tomasz-ganicz