License for application name and logos (Was: Creative Commons license for pictures)

[Jeff Spaleta]

On 9/29/05, Christian Jodar <tian at c-sait.net> wrote:
> Hello,
>
> First discussion was about having part of a package under another license than
> GPL (used for source code). Even if some points are clearer now, I think
> another discussion should begin about license for an application logo.

trademark and copyright are different concepts. Please don't confuse
them. The problem you and the gcflims project are having with
contributed artwork has absolutely nothing to do with trademark.

> So if in my application I don't use reference to a Creative Commons or Free
> Art license but only says : *Name and logo copyrighted* it should be OK. Isn't
> it?

No...absolutely not. Again i think you are confusing copyright and
trademark here as well.
Just stating that something is copyrighted...is more restrictive than
even the non-commercial clause of the CC licenses. Without an explicit
"copyright" license detailing how the code can be copied, distributed
or modified there's no way Fedora can include it.
Trademarks are a different issue entirely.

The mozilla and firefox codebases are NOT the same as your code...
mozilla and firefox are NOT licensed solely under the GPL so they do
not have the problem gcflims is facing.. I will also point out that
mozilla as a project requires ALL new contributions to conform to a
specific set of licensing conditions.  Mozilla isn't going to accept
CC or freeart licenced code. I will also point out that mozilla's
codebase includes a seperate set of logos and icons which will be used
by default when attempting to do a local rebuild unless you use
additional buildtime arguments which pull in the actual trademarked
works.

Your problem is.. you are working with a project that has chosen the
GPL as its license and need to work within the constriants of that
license for gcflims.. or you need to relicense gcflims.  gcllims needs
to make a choice... they either demand that all contributions to the
project be licenses in a GPL compatible way...or gcflims developers
agree to re-license gcflims if that is possible.

-jef