[Wikimedia-l] photography restrictions at the Olympics

[Cristian Consonni]

2012/7/24 Tomasz Ganicz <polimerek at gmail.com>:
> 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...

I really can't figure out the difference between your example about
personality rights  and my previous, so I don't see why you're saying
that the above approch could not work, but IANAL.

As I said above I think this restrinction on commercial use of the
images imposed by IOC is not about copyright but is on a different
level and AFAICT is very similar to the case of personality rights to
some extent. So may you clarify?

Thanks,
Cristian