: Copyright on derivative work of the symbol of access I made some icons for the german definitions of access derived from the well known symbol of access for a website. Now I have multiple
I made some icons for the german definitions of access derived from the well known symbol of access for a website. Now I have multiple requests, if the symbols are free to use. I like to host them on github with an SVG source for other projects to use them. But on diving into the legal issues, I do not really know, if I can offer them for free use.
The original work is from Susanne Koefoed from 1968 and modified from Karl Montan 1969. Since 1984 it is part of the standard ISO 7001. According to the source on wikipedia, this icon is free to use:
But the templates I used from and with courtesy of www.mobidat.net/ seem to be from an derived work from the Graphic Artist Guild. This icon seems free to use but I did not find any copyright information on their website:
My set of symbols have slightly different proportions, do not have foots and a different angle for the legs. Here is the part of the derived work:
My question is, if or how I can publish a derived work of a derived free work for free use?
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In general, a work derived from a free work is subject to regular copyright and thus you cannot plainly use it, even if the derived work’s creator put it online for free. This is part of the Berne Convention:
Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.
However – and this is my personal useless opinion – I would say that your symbol sufficiently deviates from the intermediate symbol to not be counted as a derivative work. Most commonalities can be traced back to the original, free symbol, and using rounded forms to represent humans is not copyrightable. However, when it comes to this, this is upon a court to decide, as I am not aware of a legislation which would have laws detailing what is a derivative to this extent. Thus, all you can do is take a look at comparable precedences (which is more helpful, if the relevant legal system is based on these), if there are any.
I'm pretty sure that you are free to use it.
These Icons are made to unify and to help people. Everyone knows what that icon means, so it would be stupid to forbid people to use it when they need it.
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