What you need to know…
Advertising of 2016 Summer Olympics
January 2016
The 2016 Summer Olympics, officially known as the XXXI Olympic Games or the Summer
Olympics, will be held in Rio de Janeiro from August 5th through to August 21st.
This Guideline is to remind you that there are a number of provisions of the Olympic Insignia
Protection Act 1987 (as amended 2001) to be mindful of, along with the Australian Consumer Law.
The Olympic Games are the exclusive property of the International Olympic Committee (IOC). They
own all rights and data concerning, and without limitation, relating to their organisation. This means
the exploitation, broadcasting, recording, representation, reproduction, access and dissemination in
any form and by any means or mechanism whatsoever, whether now existing or developed in the
future.
The Olympic symbol, flag, motto, anthem, identifications (including but not limited to “Olympic
Games” and “Games of the Olympiad”), designations, emblems, flame and torches, are collectively
or individually referred to as “Olympic properties”.
Below are definitions of Olympic properties under the Olympic Charter Rules 8-14.
•
•
•
•
•
•
•
•
•
•
The Olympic Symbol (the Olympic rings)
The Olympic Flag
The Olympic Motto (“Citius – Altius – Fortius” meaning “Higher – Faster – Stronger”)
Olympic Emblems is an integrated design associating the Olympic rings with another
distinctive element.
The Olympic Anthem (composed by Spiro Samara)
The Olympic Flame is the flame which is kindled in Olympia.
Olympic Torches is a portable torch, or a replica thereof, as approved by the IOC and
intended for combustion of the Olympic flame.
Olympic Designations is any visual or audio representation of any association, connection
or other link with the Olympic Games, the Olympic Movement, or any constituent thereof.
Olympic Mascots are Vinicius and Tom respectively for the 2016 Olympic Games and the
2016 Paralympic Games.
Historical Images are composed of logos, mascots, pictograms, posters, medals, coins,
video photographs etc of previous Games.
All rights to any and all Olympic properties, as well as all rights to their use belong exclusively to the
IOC, including the use for any profit-making, commercial or advertising purposes. The IOC may
licence all or part of its rights on terms and conditions set forth by the IOC Executive Board.
Only those who are official sponsors are able to use a reference to their sponsorship in
their advertisements. Under the Olympic Insignia Protection Act there are remedies in relation to
protected designs.
In addition, there are remedies under the Australian Consumer Law which refer to false or
misleading representations…
a. that goods or services have sponsorship or approval that they do not have; or
b. that a corporation as defined in that Act has a sponsorship, approval or affiliation that it
does not have.
Under the Olympic Insignia Protection Act, Section 24, each of the following expressions is a
protected Olympic expression and requires a licence from the AOC for use in advertising or
promotions:
•
•
•
Olympic;
Olympics;
Olympic Games;
•
•
Olympiad;
Olympiads.
An expression so closely resembling a protected Olympic expression like those
mentioned above which is likely to be mistaken by a reasonable person, for such a
protected Olympic expression is taken to be a protected Olympic expression.
The Act states “To avoid doubt, for the purposes of this Chapter, the expressions "Olympian" and
"Olympians" are taken not to resemble a protected Olympic expression” mentioned above.
In addition to the protected logos and symbols, there are a number of expressions and designations
registered in the name of the IOC, IPC and Rio 2016, such as: ‘Olympic Games’, ‘Paralympic Games’,
‘Rio 2016 Olympic and Paralympic Games’, ‘Rio 2016 Games’, ‘Rio 2016’, ‘Rio Olympiad’, ‘Rio 2016
Olympiad’, ‘XXXI Olympic Games', among others, as well as their variations and translations.
It is important to emphasise that the protected expressions and designations – as well as their
abbreviations, translations and variations – are not restricted to the expressions listed above.
It should also be noted that the Australian Olympic Committee bought the rights to the
Boxing Kangaroo image during the late 1980s.
Editorial
Media organisations can reproduce the Olympic Properties in an editorial context for
legitimate reporting and informational purposes, thereby providing factual reference and coverage
of the Olympic Games. The Olympic Properties can be used to identify or promote news
stories related to the Olympic Games. This does not cover newsagent posters.
The Olympic Properties should not be marketed in a way that suggests a formal association
between the media organisation or any third parties and the IOC, the Organising Committees for the
Olympic Games, the Olympic Games or the Olympic Movement i.e. in advertorials or promotional
campaigns for the media organisation or any third parties.
2
The use of the Rio 2016 brands for editorial and journalistic purposes is permitted if
there is no commercial association between the published content and the Games.
Nevertheless, it is only possible to apply the brands to articles and/or materials whose subject matter
relates to the Rio 2016 Games and only to contextualise the subject.
Advertisements and promotions featured on an editorial content page
Third-party advertisements or promotions, which feature on an editorial-content page related to the
Olympic Games are permitted.
However, advertising should remain clearly distinct and separate from any editorial
piece to avoid any undue association with the Olympic Games. Presentation and
impression are key. In order to avoid mismatches, such spaces should be offered only to Rio 2016
Games official sponsors. If advertisers are third parties with no official association with the Rio 2016
Games, certain precautions are recommended.
It has been officially recommended for example, the appropriate positioning of the advertisers’
content, away from Rio 2016 brands, and the insertion of a note worded as follows…
The advertisers gathered here have no relation to the Rio 2016 Games and only sponsor this
special section.
Olympic Games’ supplements
A supplement or special edition of a newspaper or magazine, dedicated to the coverage of the
Olympic Games, is permitted.
The supplement, however, must be identified as a one-off issue of the parent
newspaper/magazine, to avoid giving the false impression that it could be an official or
authorised publication by the IOC or other Olympic entity.
Olympic Games supplements should not be sponsored by companies other than the Olympic
Partners, for which authorisation must have been cleared with the IOC beforehand.
Advertising within the supplement should follow the above guidelines and should not be integrated
into its content or presented in a manner which suggests an association between the advertiser and
the Olympic Games.
A take-over of all advertising space within the supplement, which offers one advertiser
exclusivity, is not permitted as this will give the impression of an official association
between the advertiser and the Olympic Games.
Use of Athletes Images
Rule 40 of the Olympic Charter restricts the participation of athletes who are competing
in the Games in advertising campaigns, during the competition period, as well as 15
days before and after competition. This resolution helps to prevent ambush marketing
campaigns by companies that do not have official rights.
3
Rule 40 of the Olympic Charter states:
“Except as permitted by the IOC Executive Board, no competitor, coach, trainer or official
who participates in the Olympic Games may allow his person, name, picture or sports
performances to be used for advertising purposes during the Olympic Games.”
Digital content and social networks
In the case of blogs and pages on social networks created with an editorial/journalistic or
cultural/popular purpose, it is possible to use the Rio 2016 brands for illustration in the
correct context, if such pages have no commercial purpose.
If the website has space for advertisers who are not official sponsors, this may suggest that these
companies have an official connection with the Rio 2016 Games. The best way to avoid undue
association is to offer spaces only to official Rio 2016 sponsors. If the advertisers are third parties, it
must be made clear that these companies have no relation with the Rio 2016 Games or the Olympic
and Paralympic Movements.
In order to stress the lack of association it is recommended to position the advert away
from the Rio 2016 brands. The best alternative is to insert a note of warning, for example…
Note: These advertisers are not related to the Rio 2016 Games and are the exclusive sponsors
of this blog/website.
Ambush marketing
Ambush marketing is characterised by any intentional or unintentional attempt to create a false,
unauthorised commercial association with a brand or event, in this case Rio 2016 and the Olympic
and Paralympic Movements.
The IOC and the IPC are engaged in various actions to prevent and combat ambush
marketing. At each new edition of the Games, different educational campaigns are produced with
commercial and non-commercial institutions, aiming at disseminating the importance of combating
this harmful market practice.
Campaigns involving ambush marketing do not always use protected properties. Rather, as the
market begins to understand the restrictions on the use of protected brands, the search for
alternatives that may create a direct, albeit improper, association with the Games grows.
Countdown clocks / medal tables
The IOC has no objection to the use of these features in publications for editorial purposes, however
their layout should also be considered.
Advertisements must not be placed near or around the feature to avoid creating a false
association with the Games. Sponsorship of the feature by the publication or a third party
is not permitted, unless by an Olympic Partner with prior approval from the IOC.
4