[Clipart] [Open Clip Art Library] Upload Flagged

Thu Apr 26 16:41:04 PDT 2007

On Fri, 2007-04-27 at 08:53 +1000, Ryan wrote:
> IMO, what it comes down to is our "Statement" that is on the front page -
> "This project aims to create an archive of user contributed clip art that
> can be FREELY used." If there is a Trademarked logo in a piece, it cannot be
> 100% used freely, therefore needs to be deleted or changed s it can be
> freely used.
> 
> Cheers,
> 
> ryanlerch

I must agree with ryanlerch on this. I do agree with your sentiment
martin about not being too dismissive and airing on the side of not
deleting in favor of providing the pd_issue tag and clearly pointing
uploaders to the right resource to ascertain (the original rights holder
and possibly the page on wikipedia about this).

Cool?

Jon

> 
> > -----Original Message-----
> > From: clipart-bounces at lists.freedesktop.org [mailto:clipart-
> > bounces at lists.freedesktop.org] On Behalf Of Martin Owens
> > Sent: Friday, 27 April 2007 8:50 AM
> > To: Ryan
> > Cc: fwd2clipartlist at rejon.org
> > Subject: Re: [Clipart] [Open Clip Art Library] Upload Flagged
> > 
> > Well it shouldn't be a problem since only when the art work is used on
> > another memory stick or to advertise a different product would they
> > end up in trouble and even then they would have to be quite daft and
> > would have probaly ended up creating the image and the trademark
> > problems without our help.
> > 
> > I understand non of us are lawyers so airing on the side of caution is
> > always best; and I understand that we don't want to have any
> > restrictions on the artworks even if they are rather far fetched.
> > 
> > Trademarks are for protecting the mark in relation to a product, this
> > is why you can write an article about Microsoft Windows(TM) and not be
> > sued out of existence even when your atticle is about Linux.
> > 
> > On 26/04/07, Ryan <ryan at lennox.com.au> wrote:
> > > But how can the image be truly "Public Domain" then if you can use every
> > > part of the image, bar the trademarked logo. The main purpose of making
> > all
> > > the cliparts PD is that people can take any part of an image and use it
> > > wherever they want. Someone may take the memorystick logo and use it for
> > > something else, not realizing it is a TM and get themselves into hot
> > water.
> > >
> > > However, I don't think that Sony has a TM on the shape of the MS like
> > apple
> > > has on the ipod, so we may be able just to remove the logo and have a
> > great
> > > piccie of a stick of flash memory in the collection...
> > >
> > > Cheers,
> > >
> > > ryanlerch
> > >
> > > > -----Original Message-----
> > > > From: Martin Owens [mailto:doctormo at gmail.com]
> > > > Sent: Friday, 27 April 2007 8:39 AM
> > > > To: Ryan
> > > > Cc: Jon Phillips; ryanlerch at gmail.com; fwd2clipartlist at rejon.org
> > > > Subject: Re: [Clipart] [Open Clip Art Library] Upload Flagged
> > > >
> > > > Trademarks don't work like that, your not releasing the trademark into
> > > > public domain only an image of it, it's what's known as using the logo
> > > > to represent the product of the trademark and most of the time doesn't
> > > > even need permission. but to play it safe you can ask them all they
> > > > have to do is say no and you can air on the side of caution and remove
> > > > the image.
> > > >
> > > > I'll repeat the important part: Trademarks don't work like that, the
> > > > protection would still be there for sony.
> > > >
> > > > On 26/04/07, Ryan <ryan at lennox.com.au> wrote:
> > > > > I think im 100% sure sony would not allow their logo for Memorystick
> > be
> > > > > released into the public domain, ever.
> > > > >
> > > > > Cheers,
> > > > >
> > > > > ryanlerch
> > > > >
> > > > > > -----Original Message-----
> > > > > > From: Martin Owens [mailto:doctormo at gmail.com]
> > > > > > Sent: Friday, 27 April 2007 8:32 AM
> > > > > > To: Jon Phillips
> > > > > > Cc: ryanlerch at gmail.com; fwd2clipartlist at rejon.org
> > > > > > Subject: Re: [Clipart] [Open Clip Art Library] Upload Flagged
> > > > > >
> > > > > > Make sure to tell the artists that if they ask for authorisation
> > then
> > > > > > you could include it since it's a logo on a product shape and form
> > > > > > which is tied to it. bit hard to just remove it without even
> > asking
> > > > > > sony.
> > > > > >
> > > > > > On 26/04/07, Jon Phillips <jon at rejon.org> wrote:
> > > > > > > Yah, this is a trademarked image IMO...so, we can't include it.
> > Def.
> > > > > > > can't include with the Sony M memorstick logotype...ban+delete
> > IMO
> > > > > > >
> > > > > > > Jon
> > > > > > >
> > > > > > >
> > > > > > > On Thu, 2007-04-26 at 15:17 -0700, ryanlerch at gmail.com wrote:
> > > > > > > > Content has been flagged
> > > > > > > > Upload: MemoryStick
> > > > > > > > URL: http://openclipart.org/media/files/flomar/3488
> > > > > > > > IP: 203.34.177.6
> > > > > > > > Flagger: ryanlerch
> > > > > > > > -------------------------------------
> > > > > > > > the logo makes this a PD issue... would it work without the
> > logo?
> > > > > > > > -------------------------------------
> > > > > > > > _______________________________________________
> > > > > > > > clipart mailing list
> > > > > > > > clipart at lists.freedesktop.org
> > > > > > > > http://lists.freedesktop.org/mailman/listinfo/clipart
> > > > > > > --
> > > > > > > Jon Phillips
> > > > > > >
> > > > > > > San Francisco, CA
> > > > > > > USA PH 510.499.0894
> > > > > > > jon at rejon.org
> > > > > > > http://www.rejon.org
> > > > > > >
> > > > > > > MSN, AIM, Yahoo Chat: kidproto
> > > > > > > Jabber Chat: rejon at gristle.org
> > > > > > > IRC: rejon at irc.freenode.net
> > > > > > >
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> > > > > > > http://lists.freedesktop.org/mailman/listinfo/clipart
> > > > > > >
> > > > >
> > > > >
> > >
> > >
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> 
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-- 
Jon Phillips

San Francisco, CA
USA PH 510.499.0894
jon at rejon.org
http://www.rejon.org

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Jabber Chat: rejon at gristle.org
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