We have special templates for this case which prominently inform the
user that the image is free due to reason XYZ but can't be used in any
context due to additional trademark restrictions.
This concept does not only apply to logos or trademarks, but also for
public domain cases. Commons hosts images which are public domain in
some countries (needs to include US) but not in other countries due to
different copyright laws. The same way some language Wikis host content
that is free after local law but not after US law. Another case are
personal rights. For example the German "Recht am eigenen Bild" is very
restrictive and does not allow any usage of a free image from any person.
What i mean is: We already have such restrictions for various images in
our collection and the re-user has to be careful to comply with all laws
aside the copyright law. Releasing the Logos under a free license and
including a template which mentions the restrictions would be common
practice. Hosting images with no free license is actual exception.
Am 04.07.2012 02:16, schrieb [email protected]:
I can't disagree with your understanding of the different IP laws, however this not a very
commonly understood nuance. Many people, when seeing the logo listed as "free" regarding
copyright, will assume they can use it the same as any other copyleft or PD image. They will not
necessarily understand that trademark protections will interfere with their actually being able to
use the symbol as an image. People who mistakenly use the symbol, and receive the required lawyerly
letter to stop this, will feel betrayed by the fact it was listed as "free" of copyright.
However strictly accurate the plan to treat the two areas of IP law separately might be, it cannot
be executed very well. Those people, misled by their poor understanding of how these separate areas
of laws achieve very similar results, will feel burned. Their goodwill will be lost. They may even
become convinced they had been intentionally tricked with mixed messages.
It much more pragmatic to simply reserve the copyright on trademarks. To maintain a
consistent message of "Do not use."
Birgitte SB
On Jul 3, 2012, at 6:06 PM, Tobias Oelgarte<[email protected]>
wrote:
You will have to split between trademark laws and copyright laws. Both concepts
exist separately from each other. There are a lot of logos that are not
copyright protected. For example very simple text logos, depending on country
even more complex logos that don't reach the needed threshold of originality or
even works that are by now in public domain. Still this logos and it's use is
restricted due to trademark laws. So i don't see a true reason why the
Wikipedia logos should not be licensed freely, while trademark laws still apply
and we promote free content at the same time.
Am 04.07.2012 00:06, schrieb Ilario Valdelli:
Again, the logo is a symbol, it's not an image.
I don't agree with your concept because you can move the Commons content in
another website also commercial.
So you should split content and repository. The content may be free, the
repository may be not free.
Following your concept if a newspaper would use the Commons content, it should
release under free license his website, his logo, his content.
On 03.07.2012 23:47, Tobias Oelgarte wrote:
I don't know how it is handled after US law, but if i consider German law then
logos and trademarks are often even in the public domain, but protected as a
trademark itself. But i also think that our logo is something to protect while
being free at the same time. If we go strictly after the policies the logos
aren't free and should be deleted (especially with Commons in mind, because it
is violation of the policies ;-) ). This is somehow contradictory to the
mission itself. So i can understand the point that Rodrigo put up as well.
Am 03.07.2012 23:37, schrieb Ilario Valdelli:
A mark is not a simple image.
A mark it's a symbol.
On 03.07.2012 23:32, Rodrigo Tetsuo Argenton wrote:
So in your view, free images can be harmful? So why would I release a
picture?
And you're telling me is more important to believe in the logo, instead of
checking the validity of what you are consuming? But we do not talk to our
volunteers always check the sources and not to believe blindly in a single
source?
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