On 27/07/12 03:47, birgitte...@yahoo.com wrote:
On Jul 26, 2012, at 4:23 AM, wiki-l...@phizz.demon.co.uk wrote:
There is a contractual arrangement between the IOC and the photographer as
specified in terms and conditions on the ticket. If some one makes photos
available commercially then they may be sued by the IOC under the terms of that
contract. The issue isn't about copyright but about the contractual agreement
and personal liability between the photographer and the IOC.
This is a contract with the ticket fine print. But I don't see how that
contract could actually bind the photographs. Certainly it prevents you, the
contractually bound ticket holder, from using media you produced under this
contract in a commercial manner. However the IOC cannot possibly extend the
contract beyond the ticket-holder. Nor force the ticket holder to police
third-parties. Let's run a few possibilities:
Ticket-holder (TH) places own-work photo on FaceBook. It goes viral across the
Internet and is eventually posters of the photo are found in the marketplace.
IOC wishes to end poster sales. Your position that this the contract must be
effective against third parties would mean that if TH fails to hire a lawyer
and vigorously enforce their copyrights; then they have broken the terms of the
contract with IOC and are liable for damages. This is not how contracts work.
If TH does not choose to enforce their copyrights then IOC can do nothing.
TH has a great photo, their sister owns a bookstore. TH informally licenses the
photo to Sis to use in advertising. The IOC does not even have the standing to
discover if Sis has a license to use the photo or is instead infringing on the
creator's copyright. Only the copyright holder has standing contest the use of
their work. IOC can do nothing.
TH dies. Daughter inherits copyrights and sells photos taken at last month's
Olympics. IOC can do nothing.
TH donates the full copyrights on all photos they created at the Games to a
non-profit organization on the condition that their identity is not revealed.
The non-profit, now copyright holder, licenses the entire collection CC-SA. IOC
can do nothing.
An excellent list :) I'd like to add: you sneak in the stadium without
paying the ticket. IOC can do nothing.
Seriously, if IOC decides to go after someone, don't they first have to
prove that he bought the ticket? And how can they prove that?
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