Image talk:Mariostar.gif
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[edit] Copyright status
- Related articles: WP:PD#Uncreative works, Threshold of originality.
That image has been tagged as Public Domain, as it is inelegible for copyright. However, it's also claimed that it was ripped from a copyrighted image. Surely they can not go hand in hand. I think the image is fair use, and thus it can not be used in Template:Nintendo-stub, so unless you can show that the starman is a public domain figure then I'm going to revert the image on the template. - Hahnchen 19:07, 14 April 2006 (UTC)
- The screenshot as a whole would be fair use, but the star is just a small part of that. It's 256 pixels, including all the transparent ones; it's three colours. And even at that, it's just a standard solid pentagram with a quick-and-dirty bevel and two little vertical lines for eyes. If Nintendo wins damages against anyone over that, then the terrorists have won, and I'd like to know what would be pd-ineligible. Seahen 19:29, 14 April 2006 (UTC)
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- The image is not PD-ineligible, because that implies no original authorship, which is not the case. When you added the star to Template:Nintendo-stub, your edit summary said that the starman was "Much more recognizable". That this image is so recognizable as being a starman from the Mario series underscores that this image has original authorship and is not PD-ineligible. Pagrashtak 22:36, 15 April 2006 (UTC)
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- Well then, suppose I were to make something like
™. If I could make it appear enough times in a well-publicized video game, it would be recognizable as an icon from that game. But would that allow me to claim copyright or trademark over this stupid little juxtaposition of two rectangles? Well, the starman contains, if anything, less original work than that. Exactly where is the line drawn? Seahen 01:53, 16 April 2006 (UTC)
- Well then, suppose I were to make something like
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- You seem to be implying that you think any combination of simple geometrical shapes should qualify as public domain. What about three ovals or an oval with a V-shaped dent? If I started a financial company and advertised it with a green square, do think you I would be sued? Also remember that this starman was taken from a copyrighted screen in the first place. Pagrashtak 04:45, 16 April 2006 (UTC)
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- The first and second logos you mentioned are both highly stylized. Different logos could easily be made of two ovals inside a third, and of an oval with a wedge removed, that didn't violate the trademarks (especially if they weren't used to advertise cars). As for ™, I'm pretty sure the trademark depends on the text being present; if not, look at all the violations in Image:Wyoming_population_map.png! The thing about the Starman is that a regular pentagram with a solid gold-orange fill has been done before, and there's only one way to add a minimal border to it. So the sum total of Nintendo's "originality" is the addition of two little vertical strokes for eyes. Since when is that enough? Seahen 13:23, 16 April 2006 (UTC)
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- Well then, how about
? That one, which I just created, is a regular pentagram and does have a solid fill. Is that different enough to change the rules? If so, then we have a new icon for Template:Nintendo-stub. - Seahen 14:46, 16 April 2006 (UTC)
- Well then, how about
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- IMO, if you claim that this is a Mario Star then things are tricky, since the yellow angly star is tradition in Nintendo games and rather recognizable- in context. If you say that this is just a star that resembles a Mario Star, and is actually your own work, then things are ok. But IAMAL, YMMV, etc... --maru (talk) contribs 03:32, 23 April 2006 (UTC)
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