Policy talk:Trademark policy/Archive 1

I think a logo policy mixing w:Copyright and rights on w:Trademarks isn't needed and also not helpful (and with respect to our aim spreading free content not inspiring to the outside world). Of course I'm aware why a Wikimedia logo can't be simply licensed under a free license and why it must always be done carefully because of free-riders. So I'll make an alternative proposal:

• In de.wikipedia was a large dispute about free licensing of official w:coats of arms. In the end we realised that official German coats of arms are within the public domain by law (exception in German copyright law, see de:Amtliches Werk) but other laws beyond copyright can restrict certain usages of these coats of arms. So there is no problem that you can upload these images to Wikimedia Commons according to our free license policy if you add an additional warning that gives you the hint that grants you can give within copyright can be restricted unavoidable by other laws. So have a look at commons:Template:PD-Coa-Germany and for examples at commons:Category:PD Coa Germany.
• Another field where there are restrictions beyond copyright are the rights of persons displayed in images. Although if the displayed person gave you the right to publish this image under let's say CC-BY-SA, you are not allowed to publish certain modifications that can seriously harm that person (e.g. placing the head of a woman on a naked body of another woman). But these restrictions have also nothing to do with copyright itself but with the fact that copyright does not exist in free space but in the framework of other laws.

So I suggest the following solution for Wikimedia logos:

• If a Wikimedia logo is a registered trademark release it under a free license (I'd suggest CC-BY or CC-BY-SA) and make an additional warning template as in the case of german coats of arms that directly points to a page explaning the restrictions that are due trademarks rights (CC licenses explicitly make reference to restrictions of copyright law and thus there is no clash with the licenses) and gives you hints what you can do if you want to go further than trademark right allows you to do.

This way we avoid the exeption debates on copyrighted material in general and we could promote this to others as well and finally get the permission from third party logo owners using their logos under a free license which would be big step.

Of course certain points in an logo policy purely based on the rights on trademarks are not possible (AFAIK).

• Commercial use of the logos that clearly indicates that this logo is the logo of Wikimedia Foundation can't be prohibited.
• You also can't enforce that way that people have to make clear how much of the earnings go to Wikimedia.

However you can still make these two points a very strong wish in the logo policy based on good faith and fair play.

But all other things as using the logos non-confusing and non-disparaging can still be effectively enforced because it is a trademark. You would still need the permission of Wikimedia Foundation using the logo as part of your own corporate identity (e.g. a at an official fusion of formerly separated projects).

I think with this approach we would give as much rights as possible away and would avoid negative effects on the other side as well and would also be a precursor in logo and trademark policies. Arnomane 12:43, 5 October 2005 (UTC)

P.S.: And of course we would also avoid bureaucracy which is a common complain with respect to the usage of the logos for third party projects around Wikimedia that are on the "good side". Arnomane 12:50, 5 October 2005 (UTC)