On 10 Nov 2009, at 20:04, David Earl wrote: > On 10/11/2009 19:35, Peter Miller wrote: >> >> I agree that the cautious approach would be to ask. I was wondering >> if >> we could use the argument that it is in the background (as is a >> photo of >> a cafe with a coca-cola sign in the window) or that we are creating a >> 'collective' work of more than one 'creative' element. > > I think the Coca-Cola example is a red(!) herring.
To be honest, I think a far better justification is that we're using the trademark for precisely the purpose it was intended for - to identify the entity trading at a particular location. Isn't this more or less equivalent to publishing a (CC-licenced) recipe which specifies Marmite as one of the ingredients? Also, while it's certainly a good thing in general for OSM to be cautious in these things, I do think we're on safer ground here than our usual grapplings with copyright law, in that if TfL do object to our use of their trademark, it can trivially be reversed with no harm to either party; it's not like using proprietary mapping data, where we risk permanently 'tainting' our data set as a derived work. - Matt _______________________________________________ Talk-GB mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk-gb
