The Olympic Games are well and truly underway, and we are certain that you have been seeing multiple posters, images and broadcasts promoting the games. You might be wondering, who has the rights to use these images and other promotional materials?
All the logos, posters and performances related to the Olympics are known as Olympic Properties. These are defined in Rule 7 of the Olympic Charter as “the Olympic symbol, flag, motto, anthem, identifications (including “Olympic” or “Olympic Games”), and any musical, audio-visual or creative works created in connection with the Olympic Games.[1]
Olympic Properties constitute various intellectual property (IP) rights including but not limited to trade marks, copyright, and designs. All rights to the Olympics Properties are owned by the International Olympics Committee (IOC) which was established on the 23rd of June, 1894. The organisation oversees several aspects of the Olympic Properties including media rights (the licensing, production and distribution rights of media such as film and television).
Below, we will discuss these IP rights in more detail.
1) Trade Marks
A trade mark is a mark used or proposed to be used to distinguish the goods or services of a trader from the same kind of goods or services of another trader in the industry. A mark means any sign that can be represented graphically and includes a name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour, container for goods or a combination of any of these.[2]
In terms of Olympic Properties, these include Olympic designations such as Olympic Games, Olympic, Olympics, Youth Olympic Games, Olympic torch, Olympiad, Olympian, Paris 2024 etc. Trade marks also include the logos and emblems of the Olympics as depicted in the illustrations below.
2) Copyright
Copyright describes rights that creators have over their literary works and artistic works. Works protected by copyright include but not limited to:
a) literary
b) musical
c) artistic
d) sound recording
e) programme-carrying signal
f) broadcast [3]
Olympic properties that enjoy copyright protection include the posters and pictograms depicted below. They also include any broadcasts of the Olympic Games like the opening ceremony as well as Olympic footage and images.
3) Designs
In South Africa, protection can be obtained for two types of designs, aesthetic and functional. An aesthetic design protects an appearance of an article. If a product has new and unique features, they can be protected with a design registration. These features can be a pattern, a shape, configuration, ornamentation or a combination of any of these. [4]
A functional design is a design applied to an article and necessitated by the function that that article is to perform. Again, these features can be a shape, configuration, ornamentation or a combination of any of these. Integrated circuit topography is an example of a functional design.[4]
The Olympic Properties that can be protected by way of Designs include the Olympic torches as well as mascots.
4) Media Rights
This process includes the issuing of media rights to broadcaster on television, radio and etc., Media in this context refers to mass communication, particularly for commercial use.
As with major events such as the soccer and rugby world cups, companies pay an immense amount of money in order to use the Olympic Properties and to associate their brands with the games. However, not everyone using these properties has to pay. There are exceptions including:
Educational Use: Using the Olympic Properties for the preparation of materials or presentations by teachers or students for use in courses or classes without access by external people.[1]
Editorial Use: Editorial use means use of the Olympic Properties to refer to the Olympic Games or the Olympic Movement in content whose primary purpose is to educate or inform.[1] This exception is what we rely on in order to write this blog and use images from the Olympics web page.
We hope you have enjoyed learning about the IP that can be found in the Olympics. May you also continue to enjoy the games. Remember to contact Tshaya Mashabela Attorneys to assist you with protecting and commercialising your IP.
References:
[1] https://olympics.com/ioc/olympic-properties
[2] https://www.gov.za/sites/default/files/gcis_document/201409/act194of1993.pdf
[3] https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf
[4] https://www.gov.za/sites/default/files/gcis_document/201409/act195of1993.pdf
