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Twenty Thirteen
Derivative work about twentythirteen/headers/circle.png (4 posts)

  1. 130s
    Member
    Posted 10 months ago #

    My colleague and I really favor the twentythirteen's circle.png and thus would like to use it in our temporary namecard. Although we don't change its basic design, we have to trim it a little in order to have the image fit into the card. And because we really like to conform to whatever legal and moral in the opensource work, I searched a bit and found that:

    - I haven't found any license and copyright from twentythirteen declared.
    - I found this web page #1 that says wp's themes are GPL.
    - The same page also states that the images in the themes don't fall under GPL.

    <quote>
    However, theoretically, the only derivative work that falls under GPL is the PHP code; any images, CSS and other content in your project remain yours. On top of that, you are free to charge extra for technical support and so on.
    </quote>

    Question: does our usecase described above work?

    I'm interested in my particular usecase first, but I'd also appreciate general cases if anyone could provide answers for it.

    #1 http://www.smashingmagazine.com/2011/06/14/understanding-copyright-and-licenses/#where-licenses-are-used

    Thanks.

  2. Samuel Wood (Otto)
    Tech Ninja
    Posted 10 months ago #

    All content contained in WordPress, including the images and CSS, are licensed under the GPLv2. This includes the images in the default themes.

  3. bcworkz
    Member
    Posted 10 months ago #

    However, theoretically, the only derivative work that falls under GPL is the PHP code; any images, CSS and other content in your project remain yours. On top of that, you are free to charge extra for technical support and so on.

    IANAL. However, this is referring to your theme or plugin, not the twentythirteen theme. As Otto said, the image is licensed under GPLv2. Any images you create for your theme or plugin remain yours to license as you see fit. Your PHP code must also be GPLv2 licensed to work with WordPress.

    None of this applies here. You want to use a licensed image. As per the licensing terms, you are free to do so as long as you license the derivative work in the same manner and prominently provide notice of such. I don't think you want to do this on your cards.

    You are better off checking for fair use under US copyright law. I personally do not think it is fair use as you have described your intention.

    I suggest you study the image and identify what you like about it. Then put it aside and create your own original work inspired by that image. Then you are safe from any claim of infringement.

  4. Andrew
    Forum Moderator
    Posted 9 months ago #

    I think you can use the image as long as you don't claim it as your own work until you modify it:

    2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

    a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

    GNU Generic Public License version 2: http://www.gnu.org/licenses/gpl-2.0.html

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