On Thu, 2012-06-14 at 13:54 -0400, Rob Weir wrote: > On Thu, Jun 14, 2012 at 1:33 PM, drew <d...@baseanswers.com> wrote: > > On Thu, 2012-06-14 at 10:01 -0700, Kay Schenk wrote: > >>
<snip> > > >> > >> >> I did not think it correct, back to my goal, I'm thinking is to license > >> >> each piece and the whole under Creative Commons 3, No-Derivative. I > >> >> don't care about attribution and I thought about non-commercial also.. > >> >> > >> >> http://lo-portal.us//aoo/temp/AOO34-cd-folded-win.png > >> >> > >> >> (bottom of back cover :) > >> >> > >> >> so I would be using this CC3-by-nd for each piece and for the iso image > >> >> as a whole. > >> >> > >> >> I think with that then , I'm comfortable actually asking the project > >> >> (and ASF) for permission to use the 'real' logo this way. > >> >> > >> >> What do you think? > >> >> > >> > > >> > The problem is this. You are not asking permission (as far as I can > >> > tell) to distribute a CD with the given art work, along the lines of > >> > what Hirano-san did a while back. You are asking permission to use > >> > the logo in artwork where others (unknown to us) would then be > >> > downloading he artwork and would be doing the redistribution. So even > >> > if we did give you permission to use the logos, that permission would > >> > not be transferred to the 3rd parties. > >> > > >> > Expressed another way: > >> > > >> > Your art work is a sum of three sets of rights: > >> > > >> > 1) The rights of the copyright holders of the underlying graphical > >> > elements that you have reused. > >> > > >> > 2) Your rights to your original creation. > >> > > >> > 3) ASF's rights to control use of its trademarks. > >> > > >> > > >> > #1 is already taken care of by the applicable license, whatever it is. > >> > > >> > #2 is whatever you want it to be, so long as it is compatible with #1. > >> > You determine the license you want. > >> > > >> > #3 We can give permission for you to use the logo. We've done that > >> > before. > >> > > >> > But that is purely from your perspective. What about the perspective > >> > of the person using art work and affixing it to a CD? > >> > > >> > #1 and #2 are OK. Open source licenses transfer rights. That is a > >> > core principle. But from trademark perspective, this is not true, so > >> > giving you permission to use the logo doesn't help those who download > >> > your artwork. And I think it would be unlikely for us to grant that > >> > permission without a set of constraints similar to what we did with > >> > the "Get it here!" logo. > >> > > >> > Hopefully this makes sense. > >> > > >> > -Rob > >> > > >> > > >> > >> Well given this response...more questions > >> > >> Rob, are you saying, that since some of the "artwork" on the site that > >> contains logo(s), whose use has been previously given; and even though > >> these pieces of art have already been licensed in some way allowing > >> perhaps for modification, that because they contain a logo (trademarked) > >> that people wanting to use these art pieces have to again ask permission > >> because of the logo inclusion? > >> > >> This seems to be counter to the licenses attached to these entities to me. > >> > >> > > > > Howdy Kay, Rob > > > > > > Actually I don't think it is really - and in reading Rob's reply he and > > I are looking at, thinking about the same difference here. This is not > > the same IMO as requesting to produce a run of CD's, or a single > > publisher's request. Precisely why I've been so obtuse, perhaps. > > > > Where we (rob and I) I think diverge is what happens with the CC By-ND > > license, it seems to me to fulfill the requirements needed. > > > > OK. I didn't notice the significance of the ND. That might work. > But we'd need to connect the dots, e.g., the ISO is ND, and the > artwork can only be used with that ISO, etc. > Right - and why I said earlier "using this CC3-by-nd for each piece and for the iso image as a whole." Will stop hijacking this thread then and pop back to the thread about the cd image with specifics and see about posting the actual email to the PPMC/Trademark groups requesting permission to proceed in the morning. Thanks, //drew > > Anyone could use the files to produce a CD and then give it away, sell > > it even, without any contact - but they can not legally alter anything, > > I have not transfered any rights to any trademarks whatsoever, in fact > > should someone contact me and ask to make alterations I would have no > > right to allow them to to do so, of course they would be welcome to do > > so _BUT_ that immediately means that they then need to clear the use of > > the trademarks with the project directly. > > > > Least that is how I see it. > > > > Thanks for your feedback, > > > > //drew > > >
