[Commons-l] Concerning trademarked images unrestricted by copyrights

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Thank you for the input to my last post.

Here is the next one!!!!

What is the deal with trademarked images that are not
procted by copyrights? Should they find a haven on
Commons, or should they be wiped out?

An ambitious user created template:trademarked (
http://commons.wikimedia.org/wiki/Template:Trademarked
) that he then applied to some images he did not
consider possible to copyright because of a "lack of
creativity". The template was applied to, for example,
the logotypes of Opel and Mazda.

It was also suggested that the logotype of the
Wikimedia foundation is not copyrightable because it
does not containt sufficient creative authorship. 

This is all based on some persistant users alleged
comprehension of German jurisdiction where (according
to the users) "sweat of the brow" is required to
render something copyrightable.

So what are the legal definitions on copyrightability,
and what to do with images that are only trademark
protected but not copyright protected? 

/ Fred
a.k.a. Fred-Chess

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