Logo licenses (was Re: [Actionchix] Final versions of robotux are here!)

lawgon at thenilgiris.com lawgon at thenilgiris.com
Fri Apr 7 14:12:56 EST 2006


I'm top posting here as a general answer is needed:

1. There is no such thing as an irrevocable license. The copyright holder
can always revoke it at any time. If the license is paid for, this is a
different thing and the copyright holder may have to pay damages - but
this does not apply here.

2. The only remedy is for the copyright to be assigned to linuxchix -
which can only be done if it becomes a legal entity. In India, we usually,
in cases like this, form a trust. The advantage of a trust is that there
is no 'democracy' general body meetings, memberships etc, the trustees
nominate other trustees. At the same time, it is a legal entity, can
operate bank accounts, is financially accountable to the tax authorities
and can hold property (including copyright). You could do this, and, when
linuxchix becomes more stable/mature, could convert to something more
'democratic'

sorry for the late reply - i am travelling

regards
kg
> On Thu, Apr 06, 2006, Kenneth Gonsalves wrote:
>> she gives permission for updates, changes etc to trusted people -
>> this is different from granting a license, however restrictive -
>> things like this can also be ratified with retrospective effect
>
> I'm not quite sure I understand the difference, can you explain
> further?
>
> I assume you mean granting permission indefinitely and irrevokably
> into the future?  I'm not asking this because I mistrust Val in
> particular, as I hope she understands, but things happen to people.
>
> LinuxChix went through a major disruption in 2000/2001 when the founder
> decided that she no longer wished to do any work for LinuxChix. She held
> the copyright on the page design and on a fair bit of the text. I
> believe it was unclear for a considerable time whether we had any
> permission to use or modify any of her work (please, if I have the facts
> of this story wrong in any respect, I'd appreciate a correction).
>
> Therefore, I'd like some kind of permission that we can carry into the
> future, even if the copyright holder (Val, or an artist, or whomever)
> becomes uncontactable, or, in fact, refuses their permission suddenly.
> I'd prefer not to be scrambling for a new logo if the copyright holder
> either decides to revoke permission to use it, or is no longer available
> to provide continued permission.
>
> What I want:
>
>  - the ability for LinuxChix to use and modify the chosen logo
>    indefinitely, regardless of the copyright owner's future
>    contactability or continued good feelings towards us
>
>  - the ability for LinuxChix to approve others to use and modify the
>    chosen logo indefinitely, regardless of the copyright owner's future
>    contactability or continued good feelings towards us
>
> Others would like:
>
>  - the ability to restrict (in fact, prohibit) use by unapproved others
>
> All of these are based on the aim of providing continuity for us that
> does not have a single point of failure.  I don't really mind if this is
> called "a licence" or "permission" as long as it has a clear name and
> those three requirements are guarenteed. Can you elaborate with that in
> mind?
>
> -Mary
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