On 8/8/06, Patrick-Emil Zörner paddyez@yahoo.de wrote:
The "keine Schöpfungshöhe" [[Threshold of originality]] is a term that does not exist as such in the english language. But the reason the german wikipedia does not care is because the german "Urheberrecht" (copyright) is not infringed. We do not even infringe any law including the "Markenrecht" (trademarks).
Is there solid legal precedent that under German law, trademarked logos cannot be copyrighted, under any circumstances? In other words, has more analysis gone into this than a few de: users reading the law for themselves and working out what they think it means?
I do not care about that [a lawsuit] at all. It is the responsibility of the uploader. Wikimedia projects do not even need logo images IMHO. And even if the uploader is sued I do not know on what grounds. If someone prints a logo on a t-shirt and sells the stuff he infringes the "Markenrecht". That is of no concern of the uploader whatsoever.
The uploader may be the first responsible person, but not the only person who could be sued, I'm sure. If de: image policy is changed to allow such use, and it is later found to be incorrect to consider logos as uncopyrightable, it's possible that those involved in that enabling decision - or the foundation itself, or the German equivalent, could be sued. Even if such a lawsuit is unsuccessful, it would require time and money we'd rather not spend.
From commons yes. But that is because commons needs to think about
international law. And in other countries such a thing as "keine Schöpfungshöhe" does not exist. So please do not confuse issues like WP de and WM commons.
WP de needs to respect international law as well, for that matter, unless all the servers are now located in Germany and have severed all ties to the Florida-based Foundation, which I don't believe has happened.
I would especially argue caution for trademarks of non-German entities, but I think that caution is required all round.
-Matt