USOC spokesperson, Patrick Sandusky, suggests that if the USOC uses an Olympian's likeness they first ask them for permission and if they don't give an answer, they presume the answer is a YES!
From Bloomberg Businessweek:
"... USOC spokesman Patrick Sandusky said the USOC and Samsung began the Olympic Genome Project so Americans could find connections with U.S. athletes and not as a way to commercialize athletes' names.
"We have honored the requests of the athletes who have filed suit to remove their names, as we offered to do months ago, and of course we will remove any athletes that do not wish to be listed," he said in a statement Thursday. ..."
[Link]If an athlete out there has a copy of the lawsuit brief, please send it to me so I can publish it. I think it would be both a fascinating and educational resource as to how a national governing body franchises your likeness and at what price they procure.