C’mon what do you really think caused these campaigns to pull these ads. These campaigns regularly make use of trademarks, copyrighted speeches and content and all sorts of other protected IP from their opponents. Do you think they would hesitate a second to assert their fair use rights to protect the inclusion of these clips and other IP material. These aren’t unsophisticated common citizens who are intimidated by legal letters. If it was in their interest they would fire back the appropriate papers in the blink of an eye.

I suspect the decision is a simple political calculation. Even if you are correct getting into a public fight with the Olympics is just a bad political move. The IOC, especially by talking about other legal systems with moral rights can easily make the fight confusing enough that the average voter only takes away ‘that candidate is wrangling with the Olympics.’

I doubt any of the ads are so powerful that it’s worth that risk.

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Also just because the IOC has no remedy in US courts doesn’t mean they can’t take any action. They could always penalize US athletes, try and bring treaty pressure to bear etc.. etc..

The US can’t stand as the loan bastion against this ridiculous institution of moral rights. We need to work to convince the rest of the world that it’s a harmful notion that restricts freedom.

The only case for copyright is to IP the creation of intellectual goods. Indeed, if you go back to Locke copyright is in clear tension with the idea of property rights. Our entire culture is based on reuse of ideas in ways their creators disapproved of but if they feel strongly enough they have a simple response, don’t sell their works.

(Note, moral rights are different than provisions designed to ensure compensation for authors whose works were sold off before they had bargaining power…that is an economic matter and a different discussion).