Quote:
|
Originally Posted by smooth
I just want to mention that this is more severe than just mentioning 'olympic' or the players, teams, etc. The Bush add actually uses pictures of the teams and players. If anything, the issue would be those images, which are surely protected by this legislation. In fact, other networks besides NBC can't even use images of the activities right now.
|
Good point, but not for the reasons cited. I don't think the "OLYMPICS" legislation has anything to do with the right to use images from the Olympics.
However, using the images suggests two additional possibilities: (1) violation of NBC's copyright in the broadcast (anyone know where they got the footage), and (2) violations of the individuals' rights of privacy and publicity.
The latter point is an interesting one - you might argue that these people are public figures so they get less protection. On the other hand, courts have been pretty strict in retaining for celebrities their right to control the use of their likeness, and if the swimmer they use is someone famous and recognizable (e.g., Phelps, Thorpe, etc), they might have a problem.