[Commons-l] Concerning trademarked images unrestricted by copyrights

Tue Aug 8 07:50:42 UTC 2006

Hi,

Fredrik Josefsson schrieb am 08.08.2006 02:18:
> 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? 

About a year ago it was common sense to delete Logos in german Wikipedia
and at the Commons. This changed in german Wikipedia (I don't think this
is wise) - Logos like http://de.wikipedia.org/wiki/Bild:GIGAlogo.jpg are
keeped and won't be deleted because the supporters argue that regarding
german law the "amount of creativity" to create this logo is too low.

I am argueing, the "amount of work, money and nerves" caused by a
possible law suit - which won't have to be taken by the supporters - is
too high.

In my opinion theese pictures should be deleted from commons (...and de)
on sight.

Bye, Tim.

-- 
Nie haette ich daran gedacht,
einer Sache zuzustimmen,
die gegen mein Gewissen waere.
-> Thomas Morus

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