Commons:Deletion requests/File:Logo PSOE 1976-2001.svg
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category in case the license under the content was released needs to be changed. Copyright is a different matter under Spanish law. Also, if this is a derivative file from a work which was created in Albania, which difference does it make? This file is not obtained from materials derived from party literature which would constitute a violation of copyright or trademark registries in Spain, it's just a derivation of a work created under Albanian law which, incidentally, is almost identical (as I pointed out in the discussion for the PSOE logo, there are some differences) to one which is trademarked in Spain. --Fer1997 (talk)
This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.
Unfree logo. License used is not correct, as the image does not consist just of "simple geometric shapes or text" (the fist and the rose meeting the threshold of originality). Impru20 (talk) 10:27, 13 June 2018 (UTC)
- This is a derivative work from a file which complies with all requirements to stay in the Commons: this one. I may as well have chosen a wrong license, and I am willing to change it so I can fix the controversy. But this is not a matter of copyvios. --Fer1997 (talk) 10:35, 13 June 2018 (UTC)
- What's more, there are noticeable differences in some of the shapes. The height of the rose and fist in the Albanian Socialist Party logo is lower than in its Spanish counterpart. The stem of the rose has a different shape. This may be a delicate matter, but as far as I am concerned I have used a file which is Commons-compliant, I have changed its colours and have added text. That's pretty much it. --Fer1997 (talk) 10:42, 13 June 2018 (UTC)
- Even when you created the file as a "derivative work", the fist-and-rose logo in Spain is copyrighted by PSOE. --Sfs90 (talk) 01:11, 24 June 2018 (UTC)
- I will refer to the same arguments I am using to oppose deletion of the PSC logo. Legally speaking, those are trademarks, and there is a
- Even when you created the file as a "derivative work", the fist-and-rose logo in Spain is copyrighted by PSOE. --Sfs90 (talk) 01:11, 24 June 2018 (UTC)
- What's more, there are noticeable differences in some of the shapes. The height of the rose and fist in the Albanian Socialist Party logo is lower than in its Spanish counterpart. The stem of the rose has a different shape. This may be a delicate matter, but as far as I am concerned I have used a file which is Commons-compliant, I have changed its colours and have added text. That's pretty much it. --Fer1997 (talk) 10:42, 13 June 2018 (UTC)
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This work includes material that may be protected as a trademark in some jurisdictions. If you want to use it, you have to ensure that you have the legal right to do so and that you do not infringe any trademark rights. See our general disclaimer. This tag does not indicate the copyright status of the attached work. A normal copyright tag is still required. See Commons:Licensing. |
- Well, copyrights laws in Spain are clear about the protection of logos, trademarks and any work created by an author. There's nothing more to say about it, and the logo should not continue on Commons, since is a trademarked logo, with rights belonging to their respective authors (the author being the creator of the logo, not the creator of a copycat uploaded to Commons, which seems to be the case). --Sfs90 (talk) 23:08, 8 September 2018 (UTC)
- This is not a copycat, and if so, the original logo/file from which I derivated this one according to perfectly legit Commons policy should be challenged as well, which does not make sense as it is covered by a legal exception. --Fer1997 (talk) 23:28, 8 September 2018 (UTC)
- This is indeed a copycat, since it's a reproduction of a Spanish trademarked logo. The fact that you used a logo from a party of other country to recreate a logo from Spain is a clear violation of COM:TOO and the copyright laws that determine rights over Spanish logos and trademarks. The fact that a logo existed under certain country doesn't give us the right to alter it in order to recreate a trademarked logo from other country. --Sfs90 (talk) 23:57, 8 September 2018 (UTC)
- Well, COM:TOO is quite clear with regard to cropped or partially copyrighted works, which could be the category we're discussing here. Evidently the Albanian rose and fist are in the public domain and thus they can be modified and works can be derived from them, so what makes the work a copyvio? The colours? The typeface, which pretty much would go under PD-textlogo? I can't see the problem as formally speaking there is no violation of trademarks or copyright (the trademarked rose and fist at the OEPM register is not identical to the one depicted in this file, the colours are different, etcetera.) --Fer1997 (talk) 09:23, 9 September 2018 (UTC)
- This is indeed a copycat, since it's a reproduction of a Spanish trademarked logo. The fact that you used a logo from a party of other country to recreate a logo from Spain is a clear violation of COM:TOO and the copyright laws that determine rights over Spanish logos and trademarks. The fact that a logo existed under certain country doesn't give us the right to alter it in order to recreate a trademarked logo from other country. --Sfs90 (talk) 23:57, 8 September 2018 (UTC)
- This is not a copycat, and if so, the original logo/file from which I derivated this one according to perfectly legit Commons policy should be challenged as well, which does not make sense as it is covered by a legal exception. --Fer1997 (talk) 23:28, 8 September 2018 (UTC)
- Well, copyrights laws in Spain are clear about the protection of logos, trademarks and any work created by an author. There's nothing more to say about it, and the logo should not continue on Commons, since is a trademarked logo, with rights belonging to their respective authors (the author being the creator of the logo, not the creator of a copycat uploaded to Commons, which seems to be the case). --Sfs90 (talk) 23:08, 8 September 2018 (UTC)
Deleted: per nomination. --Jcb (talk) 22:13, 29 October 2018 (UTC)
