Yes, that’s right: the WMF has explicitly declined to allow the use of the Globe logo and their other marks in association with QRpedia codes unless the user signs a licence. At present, that must be a one-off licence, but I am hoping to be able to finalise the terms of a ‘quick licence’ with WMF legal at the Wikimedia conference in Berlin. If that is successful, the terms of the new quick licence would then be added to the trademark policy pages.

Michael

On 27 Mar 2014, at 14:28, John Mark Vandenberg jayvdb@gmail.com wrote:

Hi Andy,

In short, no. It appears that the WMF wants use of the stylised logos on QR codes to be licensed. See

https://meta.wikimedia.org/wiki/Talk:Trademark_policy#Use_of_marks_in_conjun...

You have quoted the summary, which explicitly says "This summary of the Trademark policy below is not a legal document."

In the actual policy, which presumably is the legal document, ..

"Create artistic, literary, and political works" permits you to use marks to "discuss the Wikimedia", or in jokes and satire , which isnt relevant to QR codes, unless each use of the Puzzle logo would need to be a reasonable attempt at an artistic work. Merely using the logo unmodified alongside a QR code is not a new artistic work of the two elements combined.

"Link to Wikimedia sites." is actually nominative use (https://en.wikipedia.org/wiki/Nominative_use). It declares open season on the unstylised wordmark, but that was already permitted by law. It also says the marks can be nominative use in certain circumstances; you would need a lawyer to give the OK on a nominative use not explicitly mentioned there, or ask the WMF lawyers. IMO including a Wikipedia logo on a mounted QR code is not nominative use.

"Place marks on t-shirts, cakes, and other things without selling them" has the caveat "for your own use". Mounting them permanently on a building is not for your own use.

"Do outreach and recruit new editors" is the most permissive area of the policy with the text:

"You may use the marks consistent with our mission to educate people about the Wikimedia sites and to recruit new contributors, as long as you make it clear that you do not work for the Wikimedia Foundation."

A QR plague might fit within that wording, but I bet the WMF wouldnt agree. As a clue, they have restricted the use of 'Wikipedian in Residence'.

On Thu, Mar 27, 2014 at 6:58 PM, Andy Mabbett andy@pigsonthewing.org.uk wrote:

...

It seems to me taht teh tardemark policy:

https://wikimediafoundation.org/wiki/Trademark_policy

Now allows for the use of Wikimedia logos, partilaulry tthe Wikiepdia globe, on QRpedia plaques. I quote:

You have the right to use marks to:

• Create artistic, literary, and political works; or
• Link to Wikimedia sites.

[...]]

This policy also allows you to use marks [...] when you:

* Do outreach and recruit new editors; or
* Place marks on t-shirts, cakes, and other things
   without selling them.

Does anyone disagree with this interpretation?If not,

https://meta.wikimedia.org/wiki/QRpedia

and:

https://en.wikipedia.org/wiki/Wikipedia:QRHowTo

(and possibly other pages) will need to be updated; I'll be happy to do so.

-- Andy Mabbett @pigsonthewing http://pigsonthewing.org.uk

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-- John Vandenberg

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