[Clipart] Che image is not public domain

[Alan Horkan]

On Fri, 22 Jul 2005, Bryce Harrington wrote:

> Date: Fri, 22 Jul 2005 08:03:36 -0700
> From: Bryce Harrington <bryce at bryceharrington.com>
> To: clipart at lists.freedesktop.org
> Cc: mpwiener at math.upenn.edu
> Subject: Re: [Clipart] Che image is not public domain
>
> On Fri, Jul 22, 2005 at 07:15:53AM -0700, Open Clip Art Library Feedback Form wrote:
> >
> > Name: Matthew P Wiener
> > E-mail: mpwiener at math.upenn.edu
> >
> >
> > http://archives.cnn.com/2000/WORLD/europe/09/16/cheguevaraphoto.ap/

> Thanks for pointing this out.
> Yes, this should be removed from our collection.

I brought this up before.
The original photograph is copyright.

The screen printing by Irish artist Jim Sheridan which you see on t-shirts
everywhere is copyright but as he was not the copyright holder of the
original photograph and in the spirit of Che he never made any effort to
enforce the copyright of his derivative work.

We now get into the sticky questions of what is and what is not an
original work.  Given that we have quite a few pieces of clipart which
were generated by tracing photos it could be very difficult to be sure
about the rights of certain files.

Use of the Debian logo and other logos and other trademarks may also be
problematic.

I'd hate to see these kinds of files removed entirely from the repository
but we need a safe place to put files like these so they are excluded from
the main distribution until we can be sure one way or the other.

Did the Creative Commons people provide any expert advice on this in the
end?

Sincerely

Alan Horkan

Inkscape http://inkscape.org
Open Clip Art http://OpenClipArt.org