Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] Trademark attribution loophole?

cc-licenses AT

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: Diane Peters <diane AT>
  • To: Development of Creative Commons licenses <cc-licenses AT>
  • Subject: Re: [cc-licenses] Trademark attribution loophole?
  • Date: Mon, 30 Sep 2013 14:33:45 -0700

Hi everyone,

Thanks for calling this to our attention, Kent.  

I agree with James generally that truthful use of a logo to correctly identify the source should not be considered an infringing use, particularly where the owner supplies it with the work.   Notwithstanding, having reviewed this thread and a parallel thread on the open definition list, we think it best to remove the reference to trademark from the attribution provision in Section 3(a)(1)(A).  While licensors may still choose to do so just as some already do under 3.0, its removal should reduce confusion over the scope of the license (as limited in Section 2(b)).[FN1]  

Thus, the attribution provision would read:

"identify the creator(s) of the Licensed Material and others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated)"

We'll be updating the html in the next day, and this change will be made across all six licenses.


FN1:  CC has FAQs on the topic of using CC licenses for sharing trademarks and the implied license point that Kent raises.

On Sat, Sep 14, 2013 at 5:15 PM, Rob Myers <rob AT> wrote:
On 14/09/13 03:14 PM, James Grimmelmann wrote:
> But to avoid doubt, it would be better
> either:
> * to modify 2(b)(2) to say that trademark rights are licensed to the
> extent needed to comply with an identification requirement, or
> * to modify 3(a)(1)(A)(i) to say that the identification condition is
> waived if "the manner requested by the Licensor" would impose legal
> liability or additional legal obligations on the licensee.

The former would be better as it would ensure the fewest surprises for

But I think the latter should be used, as it will ensure the fewest
surprises for trademark holders of the "waah! Creative Commons stole my
trademarks!" kind.

List info and archives at
Unsubscribe at

In consideration of people subscribed to this list to participate
in the CC licenses development
process, please direct unrelated discussions to the cc-community list

Diane M. Peters, CC General Counsel
diane AT


Please note: the contents of this email are not intended to be legal
advice nor should they be relied upon as, or represented to be legal

Archive powered by MHonArc 2.6.24.

Top of Page