Wow. How relevant this thread is given Nick Weldon's recent review of the problems of USATF.
http://www.runnersworld.com/general-interest/usatf-versus-its-critics-whos-off-track?
The core of this issue seems less about splitting hairs over the legality of the video, than the structural problems of USATF as both an amateur and professional body. USATF does sound technically - though perhaps not morally - in the right. But I'm not a lawyer so whatever. But the very fact that Wejo is making comparisons between portable videos of the Superbowl and folks running a 10k in Bethlehem is an example of some strange organizational problems.
USATF faces the weird dilemma of having evolved into a mutant organizing body for both amateur athletics and a professional circuit. Now it is applying professional IP regulations against a group of well meaning folks on a fitness vacation to Pennsylvania. I can't see these issues going away until we start figuring out how to disaggregate these two elements of the organization's mission.
How might we go about beginning a process of creating new structural and legal boundaries to protect and encourage the amateur rank and body of the sport while recognizing that the actual professional events are indeed professional? Seems difficult indeed.