Yes, that’s right: the WMF has explicitly declined to allow the use of the Globe logo and their other marks in association with QRpedia codes unless the user signs a licence. At present, that must be a one-off licence, but I am hoping to be able to finalise the terms of a ‘quick licence’ with WMF legal at the Wikimedia conference in Berlin. If that is successful, the terms of the new quick licence would then be added to the trademark policy pages.
Michael On 27 Mar 2014, at 14:28, John Mark Vandenberg <[email protected]> wrote: > Hi Andy, > > In short, no. It appears that the WMF wants use of the stylised logos > on QR codes to be licensed. See > > https://meta.wikimedia.org/wiki/Talk:Trademark_policy#Use_of_marks_in_conjunction_with_QR_codes > > You have quoted the summary, which explicitly says "This summary of > the Trademark policy below is not a legal document." > > In the actual policy, which presumably is the legal document, .. > > "Create artistic, literary, and political works" permits you to use > marks to "discuss the Wikimedia", or in jokes and satire , which isnt > relevant to QR codes, unless each use of the Puzzle logo would need to > be a reasonable attempt at an artistic work. Merely using the logo > unmodified alongside a QR code is not a new artistic work of the two > elements combined. > > "Link to Wikimedia sites." is actually nominative use > (https://en.wikipedia.org/wiki/Nominative_use). It declares open > season on the unstylised wordmark, but that was already permitted by > law. It also says the marks can be nominative use in certain > circumstances; you would need a lawyer to give the OK on a nominative > use not explicitly mentioned there, or ask the WMF lawyers. IMO > including a Wikipedia logo on a mounted QR code is not nominative use. > > "Place marks on t-shirts, cakes, and other things without selling > them" has the caveat "for your own use". Mounting them permanently on > a building is not for your own use. > > "Do outreach and recruit new editors" is the most permissive area of > the policy with the text: > > "You may use the marks consistent with our mission to educate people > about the Wikimedia sites and to recruit new contributors, as long as > you make it clear that you do not work for the Wikimedia Foundation." > > A QR plague might fit within that wording, but I bet the WMF wouldnt > agree. As a clue, they have restricted the use of 'Wikipedian in > Residence'. > > On Thu, Mar 27, 2014 at 6:58 PM, Andy Mabbett <[email protected]> > wrote: >> It seems to me taht teh tardemark policy: >> >> https://wikimediafoundation.org/wiki/Trademark_policy >> >> Now allows for the use of Wikimedia logos, partilaulry tthe Wikiepdia >> globe, on QRpedia plaques. I quote: >> >> You have the right to use marks to: >> >> * Create artistic, literary, and political works; or >> * Link to Wikimedia sites. >> >> [...]] >> >> This policy also allows you to use marks [...] when you: >> >> * Do outreach and recruit new editors; or >> * Place marks on t-shirts, cakes, and other things >> without selling them. >> >> >> Does anyone disagree with this interpretation?If not, >> >> https://meta.wikimedia.org/wiki/QRpedia >> >> and: >> >> https://en.wikipedia.org/wiki/Wikipedia:QRHowTo >> >> (and possibly other pages) will need to be updated; I'll be happy to do so. >> >> -- >> Andy Mabbett >> @pigsonthewing >> http://pigsonthewing.org.uk >> >> _______________________________________________ >> Wikimedia UK mailing list >> [email protected] >> http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l >> WMUK: https://wikimedia.org.uk > > > > -- > John Vandenberg > > _______________________________________________ > Wikimedia UK mailing list > [email protected] > http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l > WMUK: https://wikimedia.org.uk _______________________________________________ Wikimedia UK mailing list [email protected] http://mail.wikimedia.org/mailman/listinfo/wikimediauk-l WMUK: https://wikimedia.org.uk
