Interview with Mr. Howard Stupp, Director of the IOC Department of Legal Affairs
Q) It is rumored that SOCOG will be sending out a band of about 60 people scouting the Olympic areas in search of companies taking advantage of ambush marketing techniques. What kind of measures will the IOC be adopting to supervise the situation?
A) The IOC will be working in close collaboration with SOCOG in order to avoid or reduce ambush marketing.
For example, representatives of the IOC will be touring the Olympic venues with representatives of SOCOG in order to eliminate advertising that could be seen by the television cameras filming the Olympic events.
As you probably know, according to the Olympic Charter, 'no form of publicity shall be allowed in and above the stadium and other competition areas which are considered as part of the Olympic sites'.
Q) The NSW and Federal Parliaments have adopted legislation to protect the brand rights for the Sydney Games and are enforcing stiff fines for whoever infringes the law. What kind of legal action can the IOC take parallel to this?
A) The 'Olympic Arrangements Bill 2000' has been enacted by the Government of New South Wales in order to facilitate the conduct of the Sydney Olympic Games, including provisions to fight against ambush marketing.
For example, the Bill makes it an offence to sell or distribute articles without appropriate approval (by the Olympic Co-ordination Authority (OCA) or the relevant council, as the case may be), during the period of the Games on public places within 3 km of an Olympic venue or facility, a major transport node or an Olympic Live Site (which includes various public places which will attract visitors during the Sydney Olympic Games). The maximum penalty is AUS $5,000.
Q) There is a particular aircraft zone over the Olympic precinct that has been excluded as off limits during the Games. How has that been defined and what are the sanctions for infringing the area and in the neighboring airspace?
A) The 'Olympic Arrangement Bill 2000' contains provisions aimed at controlling the airspace over Olympic venues during the period of the Sydney Olympic Games.
For example, a person must not, between 2nd September and 4th October 2000, display an advertisement, or cause an advertisement to be displayed, in airspace that is within sight of an Olympic venue or facility, except with the approval of the OCA. The maximum penalty is AUS $250,000.
Q) What is the IOC doing about the illegal use of the Olympic marks on the Internet?
A) In principle, the IOC takes action against the illegal use of Olympic marks on the Internet, just as it would do if the Olympic marks are used illegally with regard to other mediums.
Q) How will the IOC be able to patrol the internet for illegal webcasting of Olympic images and what could be sanctions in the case of an infringement?
A) The IOC is in the course of setting up a system and procedure, in collaboration with some of our Olympic Games television rights holders, in order to prevent or terminate unauthorized broadcasts of the Sydney Olympic Games over the Internet.
If the unauthorized broadcasts are being carried out by anyone who is accredited at the Olympic Games, the IOC may withdraw such accreditations. The IOC would also take other legal or public-relation actions, as it deems appropriate.
Q) Since NBC will be running taped events, not live, what will happen in the case of webcast interviews with athletes following an event that NBC hasn't had time to put on the air?
A) Provided that the interviews with Olympic athletes are not taped at the Olympic venues, it is possible for such interviews to be broadcast over the Internet. In any event, people can find out the results very quickly by watching or listening to the news
Q) Where do you think the rulings will go in the future regarding internet legislation and will this be discussed in the upcoming IOC technology meeting in November?
A) I believe that the law will evolve so as to try and catch up and address the voids or loop holes created by the evolution of technology. Of course, due to the very fast pace at which the technology is evolving, it will be difficult for the law to always be fully up to date.
Also, the law will have to find the right balance between fairly protecting people's intellectual property rights and adapting to the realities of how information can be freely accessed through mediums such as the Internet.
The IOC conference or the Internet/New Media conference 'The Future of the Internet and Sport', scheduled for November 2000 in Lausanne, will address this matter, amongst others.
Q) Has the IOC developed a set of regulations regarding internet legislation or is this still being drafted?
A) The IOC has developed certain regulations regarding the Internet, in relation to the National Olympic Committees and International Sport Federations, however, we will re-evaluate the situation after the Sydney Games and, clearly, our regulations and policy will evolve.
Q) Do you think that the Sydney Organizing Committee is better prepared than the Atlanta Organizing Committee to defend its marketing rights? If so why?
A) I think that the Organizing Committee for the Atlanta Games (ACOG) did a very good job in combating ambush marketing.
Nonetheless, I believe that SOCOG will do at least as good a job as ACOG. This is partly because SOCOG was able to benefit from the experience of the Atlanta Olympic Games.
For example, SOCOG has taken steps (through the Olympic Arrangement Bill 2000, as described above) to prevent street vendors near the Olympic sites.
Q) In the event of another broadcaster finding a niche to get a bird's eye view of the Olympic events like what happened in Atlanta, what could be the repercussions?
A) The IOC will take appropriate steps, in collaboration with SOCOG so as to prevent such types of activities from occurring in the first place.
If such an activity did take place, the IOC, in collaboration with SOCOG, could withdraw accreditations (if applicable) or take, other legal or public-related actions.
Copyright 2000 Sportcal Global Communications. All rights reserved.
A) The IOC will be working in close collaboration with SOCOG in order to avoid or reduce ambush marketing.
For example, representatives of the IOC will be touring the Olympic venues with representatives of SOCOG in order to eliminate advertising that could be seen by the television cameras filming the Olympic events.
As you probably know, according to the Olympic Charter, 'no form of publicity shall be allowed in and above the stadium and other competition areas which are considered as part of the Olympic sites'.
Q) The NSW and Federal Parliaments have adopted legislation to protect the brand rights for the Sydney Games and are enforcing stiff fines for whoever infringes the law. What kind of legal action can the IOC take parallel to this?
A) The 'Olympic Arrangements Bill 2000' has been enacted by the Government of New South Wales in order to facilitate the conduct of the Sydney Olympic Games, including provisions to fight against ambush marketing.
For example, the Bill makes it an offence to sell or distribute articles without appropriate approval (by the Olympic Co-ordination Authority (OCA) or the relevant council, as the case may be), during the period of the Games on public places within 3 km of an Olympic venue or facility, a major transport node or an Olympic Live Site (which includes various public places which will attract visitors during the Sydney Olympic Games). The maximum penalty is AUS $5,000.
Q) There is a particular aircraft zone over the Olympic precinct that has been excluded as off limits during the Games. How has that been defined and what are the sanctions for infringing the area and in the neighboring airspace?
A) The 'Olympic Arrangement Bill 2000' contains provisions aimed at controlling the airspace over Olympic venues during the period of the Sydney Olympic Games.
For example, a person must not, between 2nd September and 4th October 2000, display an advertisement, or cause an advertisement to be displayed, in airspace that is within sight of an Olympic venue or facility, except with the approval of the OCA. The maximum penalty is AUS $250,000.
Q) What is the IOC doing about the illegal use of the Olympic marks on the Internet?
A) In principle, the IOC takes action against the illegal use of Olympic marks on the Internet, just as it would do if the Olympic marks are used illegally with regard to other mediums.
Q) How will the IOC be able to patrol the internet for illegal webcasting of Olympic images and what could be sanctions in the case of an infringement?
A) The IOC is in the course of setting up a system and procedure, in collaboration with some of our Olympic Games television rights holders, in order to prevent or terminate unauthorized broadcasts of the Sydney Olympic Games over the Internet.
If the unauthorized broadcasts are being carried out by anyone who is accredited at the Olympic Games, the IOC may withdraw such accreditations. The IOC would also take other legal or public-relation actions, as it deems appropriate.
Q) Since NBC will be running taped events, not live, what will happen in the case of webcast interviews with athletes following an event that NBC hasn't had time to put on the air?
A) Provided that the interviews with Olympic athletes are not taped at the Olympic venues, it is possible for such interviews to be broadcast over the Internet. In any event, people can find out the results very quickly by watching or listening to the news
Q) Where do you think the rulings will go in the future regarding internet legislation and will this be discussed in the upcoming IOC technology meeting in November?
A) I believe that the law will evolve so as to try and catch up and address the voids or loop holes created by the evolution of technology. Of course, due to the very fast pace at which the technology is evolving, it will be difficult for the law to always be fully up to date.
Also, the law will have to find the right balance between fairly protecting people's intellectual property rights and adapting to the realities of how information can be freely accessed through mediums such as the Internet.
The IOC conference or the Internet/New Media conference 'The Future of the Internet and Sport', scheduled for November 2000 in Lausanne, will address this matter, amongst others.
Q) Has the IOC developed a set of regulations regarding internet legislation or is this still being drafted?
A) The IOC has developed certain regulations regarding the Internet, in relation to the National Olympic Committees and International Sport Federations, however, we will re-evaluate the situation after the Sydney Games and, clearly, our regulations and policy will evolve.
Q) Do you think that the Sydney Organizing Committee is better prepared than the Atlanta Organizing Committee to defend its marketing rights? If so why?
A) I think that the Organizing Committee for the Atlanta Games (ACOG) did a very good job in combating ambush marketing.
Nonetheless, I believe that SOCOG will do at least as good a job as ACOG. This is partly because SOCOG was able to benefit from the experience of the Atlanta Olympic Games.
For example, SOCOG has taken steps (through the Olympic Arrangement Bill 2000, as described above) to prevent street vendors near the Olympic sites.
Q) In the event of another broadcaster finding a niche to get a bird's eye view of the Olympic events like what happened in Atlanta, what could be the repercussions?
A) The IOC will take appropriate steps, in collaboration with SOCOG so as to prevent such types of activities from occurring in the first place.
If such an activity did take place, the IOC, in collaboration with SOCOG, could withdraw accreditations (if applicable) or take, other legal or public-related actions.
Copyright 2000 Sportcal Global Communications. All rights reserved.