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