[Clipart] Usage of a trademark on a clipart

Jon Phillips jon at rejon.org
Mon Dec 17 12:13:09 PST 2007


Right...trademark policy is up to the entity that has the trademark, thus complex to get approval. Easiest is to avoid trademarks imo...please ask this on cc-community list too to get some nice armchair lawyer opinions...

Jon 

-----Original Message-----
From: Nicu Buculei <nicu_gfx at nicubunu.ro>
Sent: Monday, December 17, 2007 5:37 AM
To: clipart at lists.freedesktop.org
Subject: Re: [Clipart] Usage of a trademark on a clipart

worms invasion wrote:
> Hello,
> 
> I've made a fairly realistic drawing of a guitar and
> uploaded it to OCAL. A reviewer noticed that having
> the logo featured could be a problem. I've already
> removed the original name (Epiphone) from the file
> name, should the logo be removed too?
> 
> In other words, what is the policy about this problem
> on Openclipart? Is it "fair use", it is not, is it
> art, etc. etc. There are other files naming brands
> (for cars, especially), so I'm a bit lost here :)

Our interpretation was like this: by releasing something into Public 
Domain, you allow people to use it in any way they want.
Logos are covered by trademarks, so if we, as clipart authors, would 
claim Public Domain, our users will expect the images to be usable in 
any circumstances, not only "fair use".
We talked in the past about a sister repository, which would hold such 
logos, but we don't have it for the time being.

> Thanks!
> 
> N.B.: I'll remove the distinctive logo while waiting
> for the answer. (sigh sigh)


-- 
nicu :: http://nicubunu.ro :: http://nicubunu.blogspot.com
Open Clip Art Library: http://www.openclipart.org
my cool Fedora wallpapers: http://fedora.nicubunu.ro/wallpapers/
my clipart collection: http://clipart.nicubunu.ro/
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