[Foundation-l] RfC: A Free Content and Expression Definition

[Gerard Meijssen]

Erik Moeller wrote:
> On 5/2/06, GerardM <gerard.meijssen at gmail.com> wrote:
>   
>> Hoi,
>> Remembering previous conversations, you conveniently forget what to do
>> about logos of companies and similar info. For the English language
>> Wikipedia it is "not a problem" because the problem is hidden under
>> their "fair use". It is however really powerful information. People
>> KNOW organisations by their logos and it does make sense to have a way
>> to include these using a license that does allow for inclusion.
>>     
>
> While en.wp has initially been extremely liberal in its application of
> "fair use", a few other Wikipedias prohibit it entirely. I think it's
> time that we work towards fair use / fair dealing policies on all
> Wikimedia projects. This is going to be a bit tricky as we have to
> distinguish between the law that applies to the uploader of the work,
> and the law that applies to the Wikimedia Foundation which is hosting
> the work.
>
> I would appreciate a legal opinion on how to best achieve this - my
> own feeling is that the fair use policies of a project like de.wp or
> nl.wp should explain the legal situation in countries where these
> languages are predominantly spoken, while allowing the freedoms
> granted under U.S. law.
>
> When each project has very limited fair use, pictures like logos or
> screenshots should not be an issue, Gerard. As I've argued before,
> there are going to be very, very few cases where a company will agree
> to license their logo under something like CC-ND. Imagine such a
> proposal being sent to Nike. "Dear Nike, we'd like to use your logo,
> could you please license it under Creative Commons No-Derivatives"?
> Corporate lawyers are all about risk minimization; seeing no benefit
> in such an arrangement, most of them would flat our reject the idea, I
> think.
>
> The use of CC-ND for logos would actually be dangerous as it could
> prevent us from looking for a better solution. I don't think there's
> any court in this world who would find copyright infringement if we
> add the logo of a company to an encyclopedia article. Our policies
> just need to allow making use of these exemptions to copyright law.
>
> Erik
Hoi,
Well, CC-ND would indeed not be acceptable to companies for their TM 
material. They need to protect their trademark and as such CC-ND does 
not fit the requirements. This too is for us an old argument. In my 
opinion there is a need for a license that acknowledges the TM status of 
TM material and allows the use of such material in the kind of content 
that we as a Foundation produce.. that is not only but also 
encyclopaedic articles.

Looking for a better solution, well really, we have had some five years 
to think of it and we have friendly organisations willing to provide us 
with such material but cannot for legal reasons. Oh yes, it is trademark 
law not copyright law that is the issue so we still seem to confuse the 
issue.

Thanks,
    GerardM