User:Intervex/LogosAndFlags
NOW LIVE AT Commons:Threshold_of_originality#Flags
Logos and flags
editLogos
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claimed not to reach the threshold
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claimed not to reach the threshold
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(DR)
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(DR) "PD text logo -- no question"
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(Australian company logo DR) "PD-textlogo"
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(Canada company logo DR) "PD-textlogo"
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(DR)
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(DR)
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(DR)
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(DR)
- File:Hercules 1998 Intertitle.png originally "background isn't elaborate or eligible for any type of copyright" (decided here in 2010), deleted in 2012 as "shows artistry beyond the TOO".
Flags
editWhether a flag is eligible for copyright protection depends on the country it was made in, and whether it was made by (or for) an official government. While some governments release their intellectual creations as public domain, this is not universally the case. Note that municipal-level governments often follow different rules from national/state governments with regard to intellectual property.
Governmental flags
editSome governments, like the United States, do not claim copyright over their official flags. Note this is not universal. For example, in Canada, official flags made or commissioned by federal/provincial governments would fall under Crown copyright and enter the public domain after 50 years[1].
Note that flags created or commissioned by municipal governments do not necissarily follow the same rules as state, provincial, national, or federal governments. For example, In Canada, municipalities are not eligible for Crown copyright, and municipal flags are treated like flags made by private organizations/individuals[1].
Examples of municipal flags which have been deleted from Commons as copyright violations include:
- USA: The city of Pocatello, Idaho successfully copyrighted their 2001 flag; see w:Flag of Pocatello, Idaho.
- USA: Chapmanville, West Virginia holds copyright over their flag, and was deleted from Commons as a result.
- USA: Seattle, Washington holds copyright over their flag and was also deleted from Commons.
- Canada: Although it has a fairly simple design, the flag of Calgary, Alberta is considered copyrighted and was deleted from Commons twice. The stylized stetson hat is thought to be copyrightable.
- Slovenia: numerous municipal flags from Slovenia have been deleted from Commons as they are copyrighted.
Examples of official flags which Commons discussions have deemed ineligible for copyright protection include:
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The Sri Lankan flag was kept after being nominated for deletion, as the lion design was not new and everything else was basic shapes.
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The Algerian flag was kept on basis of Threshold of Originality (TOO).
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The flag of Mesa, Arizona was kept on basis of TOO.
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The personal flag of Queen Elizabeth II was kept as the blazon is not copyrighted.
Flags by Private Individuals/Organizations
editFlags which are created by non-governmental entities (e.g. private individuals, advocacy organizations, corporations) can be thought of as logos in terms of copyright. Whether such flags are copyright eligible will thus follow the standards for Threshold of Originality of the country it was made in. A clear example of a widely-adopted flag that is too visually complex to be understood as "simple geometry" is The Survivors' Flag by the National Centre for Truth and Reconciliation (Canada).
A famous example of a copyrighted flag is the Australian Aboriginal flag created in Australia by Harold Thomas in 1971[2] The Australian government acquired the copyright to the flag in 2022, allowing for free usage (see w:Australian_Aboriginal_flag#Copyright).
Examples of flags deleted from Commons as copyright violations include:
- The ASEAN flag was deleted for being copyrighted. It had been uploaded as "simple geometry" but determined to be copyrightable in Indonesia.
- This 2005 Coptic Flag, which was deleted from Commons for being copyrighted. Its centre element is visually complex.
- The "Mexican Desert" flag on the second page of this linked forum thread was deleted from Commons as a copyright violation. The eagle design is too complex to be "simple geometry".
- This Proposed Svalbard Flag was deleted; its artwork is also considered complex.
- The Cascadian Flag was deleted for being copyrighted: the tree design is considered complex.
- The Hezbollah flag was deleted on the grounds it is too complex and thus copyrightable.
- This Flag of Popular Mobilization Forces was deleted for being copyrighted.
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The Australian Aboriginal Flag, created by a private Australian citizen, was deleted from Commons because of how it was copyrighted at the time. (A similar design in the United States would likely not have been eligible for copyright protection, for being simple geometry.)
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This lesbian flag, previously nominated for deletion, was determined to be too simple for copyright protection (USA jurisdiction).
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The Free Speech Flag was kept as copyright ineligible (USA jurisdiction)
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This unofficial Palmyra Atoll flag was deemed simple geometry (USA jurisdiction).
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The Tino Rangatiratanga Maori sovereignty movement flag was kept on the basis of basic geometry (New Zealand jurisdiction).
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The Ryukyu independence flag was kept on the grounds it is simple geometry (Japanese jurisdiction).
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This Irish hockey team flag, previously nominated for deletion, was kept on the grounds it had "no real copyrightable creativity". All of the elements in the flag are public domain (Irish jurisdiction).
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This Irish cricket flag was kept on the grounds the shamrock cannot be copyrighted. (Irish jurisdiction).
References
edit- ↑ a b Copyright at UBC: Public Domain. 2023. University of British Columbia. https://copyright.ubc.ca/public-domain/ Accessed 2024-11-17.
- ↑ A tale of two flags: who owns the right to use? 2019. World Trademark Review. https://www.lexology.com/library/detail.aspx?g=d20ee995-9c08-4805-8f5a-398c3b72121d Accessed 2024-11-17.