Copyright 2007-24 Digital Media Law Project and respective authors. Except where otherwise noted,
content on this site is licensed under a Creative Commons Attribution-Noncommercial-ShareAlike 3.0 License:
Details.
Use of this site is pursuant to our
Terms of Use and
Privacy Notice.
Description:
The International Olympic Committee (IOC) sent an email to a Flickr user Richard Giles asking him to cease and desist from distributing and/or licensing photographs of the 2008 Beijing Olympic events that he had photographed while at the games and posted on Flickr.
Giles originally put the photographs online under a CC Attribution-Share Alike License (CC BY-SA), but then relicensed them under a CC Attribution-No-Derivatives License (CC BY-ND) upon the request of a Wikipedia user, so that they could be used in a Wikimedia project. Later on, a British bookstore used one of Giles' pictures for promoting a book. When this came to IOC's attention, they sent the cease and desist letter to Giles.
IOC invoked contractual limitations found on the back of tickets:
The letter also suggested a trademark-oriented claim:
Giles reports that it was not clear to him what exactly the IOC wanted him to do, so a chain of mutual emails followed, in which IOC clarified its position that the only acceptable copyright notice for pictures from Olympic events would be "all rights reserved." In an effort to keep the CC licensing regime, Giles counter-suggested licensing the pictures under a noncommercial CC license, but IOC declined:
Throughout the course of these events Giles was in touch with the Electronic Frontiers Australia, a nonprofit organisation supporting online freedoms and rights, and Creative Commons Australia, both of which advised him that as a first step he should comply with the IOC's demand. Eventually Giles reverted all pictures to full copyright protection, adding a note under every picture: "The license on this photo has been changed from Creative Commons to Copyright [sic] due to a request from the IOC."