HajongLee
Elixir logo license question
Hi There.
We are developing Open Source Donation System in South Korea.
(http://99nerds.io http://99nerds.io/)
We make stickers based on the open source logo to donate the world open source.
(We donate 10% of the amount we sell to that open source.)
So, we checked your open source logo license, but I can not find what the license is.
Would you please allow us to make stickers using your open source logo and donate the 10% amount to your open source.
I look forward to receiving a good reply.
Thanks.
Best regrars.
Bill.
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hubertlepicki
There is no open source license as far as I can tell. README on Elixir’s Github repo states:
“Elixir” and the Elixir logo are copyright (c) 2012 Plataformatec.
and I did receive answer from @josevalim here back in a day:
Generally, I think you should get in touch with Jose or someone at Plataformatec for any usage of logo, comercially or otherwise.
And when it comes to name - I do not believe the statement in README that “Elixir” is copyrighted by Plataformatec true. It does not bear the required markings that it’s copyrighted on any web site or materials I saw. Most likely, according to your local law, you can use “Elixir” term in any context related to the language freely. If Plataformatec were to register it as a trademark, I can imagine the process being lengthy and very much costly, especially that the term is pretty popular and copyrighted as atrademark by other holders worldwide.
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Nicd
Updating this thread to post the Trademark policy that can now be found on the Elixir website: Trademarks policy - The Elixir programming language
josevalim
The Elixir logo is under a trademark process which has not finished yet - which is the reason why we haven’t released a document outlining the rules for the community to use it. Lawyers have confirmed we can transfer the trademark to a “LegalEntity” even if the trademark process has not finished it.
So the next steps are:
- Figure out what will be the legal entity to own the trademarks
- Transfer trademarks
- Wait for trademark process to conclude
- Release use guidelines
In regards to copyrights, it seems they can actually be a bit more complicated to transfer. But at the same time, it does not matter. It is easier to have two copyright notices on top of the LICENSE file:
Copyright 2012 Plataformatec
Copyright 2020 LegalEntity
The License will obviously continue the same.
josevalim
Thanks @hubertlepicki!
Yes, we have been advised to not allow anyone to use the logo until the trademark process is done.
And when it comes to name - I do not believe the statement in README that “Elixir” is copyrighted by Plataformatec true.
Yes, names cannot be copyrighted. It can be trademarked though and a trademark is specific to the domain. We have books, perfumes, cosmetics, drinks all named Elixir. In the case above though, the copyright refers to the Elixir project but even though it is not clear if programming languages are copyrightable, see Google vs Oracle debate, and it may indeed depend on local laws.
There is also nominative fair use. But it won’t allow you to sell products with the Elixir logo.
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