[Commons-l] Concerning trademarked images unrestricted by copyrights

Tue Aug 8 01:49:09 UTC 2006

Fredrik Josefsson wrote:
> 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.

Indeed, said user (Rtc) is basically saying that all logos are free of 
copyright, although this is most definitely not the case in the UK.

Ed (ed_g2s)

> 
> 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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