It seems nobody cares about the Merchandising Policy. Shouldn`t we call it the "Discouraging Merchandasing Policy" instead? Anyway, here our comments to this instrument.
Having in mind the clause I (c) "Licensee acknowledges and agrees that as a result of CC’s long and widespread use and promotion of the CC Marks, the CC Marks are well-known and recognized by the general public and associated in the public mind with CC and CC goods and services." Naturally, this is a contractual obligations that does not affect any other person but the parties. Therefore, other people could use the CC Marks. Are you registering it in other countries? For which products, good or services? How do you expect to enforce it? Does a national team have any obligation reated to this?
Claudse VI (e) says, "Licensee acknowledges and agrees that all artwork and designs involving the CC Marks, or any reproductions, are and remain the property of CC, and Licensee is entitled to use them and to license the use of them to others only under the terms of this Policy (when permitted)." Are you saying that artwork that involve the CC Marks is property of CC? Are you providing technical and legal assistance to draft contract and enforce those provisions? What's about CC Marks included in other's people artwork under fair use or analogous legal provisions (authoritations)? I have to say that this clause is a little disturbing for a CC's supporter. I would appreciate more explanation.
Thinking is the whole document, and in some impossible to practice cause, such the clause VII b), is the purpose of CC disencourage the use of the brand among affiliates? will you provide any flexibilities in a case-to-case basis?
That's all. Please, let us know when you post any answers. Best, A.
Alberto Cerda Silva.
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