[ubuntu-art] Legal question

[Michiel Sikma]

Op 3-jul-2006, om 11:20 heeft Gabriel Rodríguez Alberich het volgende  
geschreven:

> On 7/3/06, Mark Shuttleworth <mark at canonical.com> wrote:
>>
>>  Gabriel Rodríguez Alberich wrote:
>> My question is: can I freely modify and redistribute the Ubuntu Logo
>>  as the ubuntu-artwork license says?
>>
>>  As Corey pointed out, there are two *different* law's that govern  
>> this.
>>
>>  One is copyright law. That is what talks about the art as "art", and
>> determines ownership and the right to modify it etc.
>>
>>  The other is trademark law. This covers this specific work,  
>> because it is a
>> registered trademark in many (most) jurisdictions.
>>
>>  In doing stuff with the Ubuntu logo specifically you need to make  
>> sure you
>> meet the obligations under BOTH sets of law. In the case of  
>> copyright law,
>> the work is under a Creative Commons licence. In the case of  
>> trademark law,
>> you need a trademark licence from Canonical. We issue those all  
>> the time,
>> which is why Corey was suggesting you mail trademarks at ubuntu.com  
>> with "your
>> name, contact
>>
>>  details, and a short explanation of your proposed usage of the
>>  trademarks."
>>
>>  Of course, the trademark stuff does not apply to artwork that is  
>> not in
>> fact trademarked. Only the Ubuntu name and logo (and relevant *buntu
>> equivalents) fall into that category.
>
> Aha. Thanks for the detailed explanation. The fuss was about whether
> or not I could include it into Wikimedia Commons, which only accepts
> free content.
>
> --
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> ubuntu-art at lists.ubuntu.com
> https://lists.ubuntu.com/mailman/listinfo/ubuntu-art
>
>

That wouldn't be possible, since all information on the Commons are  
licensed in a way that would allow others to take it and use it for  
commercial purposes. The CC license may cover this, but not the  
trademark license as Canonical couldn't possibly issue a license for  
every possible entity that might take data from the Commons. Unless  
I'm totally wrong about this...

Michiel