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(a)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_conju…
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(a)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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