Wikipedia:Mediation Cabal/Cases/2009-12-13/KOTK

Where is the dispute?
This section should explain where the problem is. Link to the articles where the dispute is taking place.

Who is involved?

 * User:The JPS
 * User:Neutralhomer
 * User:Redvers
 * User:Powergate92
 * User:RadioFan
 * User:milonica

What is the dispute?
There is a disagreement about whether or not former logos of Television and Radio stations fall under fair-use principals. User:The JPS believes they do not and has been removing these logos from numerous articles noting that a lack of "critical commentary" in the article pertaining directly to the old logos makes them inappropriate for use in the articles. User:RadioFan, User:Neutralhomer, and User:Milonica disagree with this position and have been restoring these logos only to have them removed again by User:The JPS.

Use of these logos has been discussed on on the relevant wikiproject (WP:WPRS) and consensus has been that when a radio station changes format, the logo often changes, and to preserve this bit of history, the old logo should be moved to the history section of the article along with some discussion of the station at that time. These logos often reflect the station's branding, frequencies used and format and illustrate information in the history section chronically the changes to that station over time. Consensus on WP:WPRS is that this is fair use. This has apparently been discussed with Mike Godwin in the past and judged to be fair use (see User talk:The JPS for discussion of this). This has also been discussed at WT:WikiProject Television Stations/Archive 8 as well as WT:Logos/Archive 5

Additionally, some of the logos User:The JPS has been removing are public domain (File:KOTK logo.jpg, File:WDBI logo 2003.png, and File:WBDI logo.jpg) as they are not original enough as typeface and simple geometric shapes can not be copyrighted. User:The JPS doe's not look at the logos and think "this logo public domain as typeface and simple geometric shapes can not be copyrighted" but goes to the logos description page to see if it's tag with Template:Non-free logo (note: most public domain logos on Wikipedia have been tag with Template:Non-free logo and need to have there tag change to Template:PD-textlogo) and then removes the logos saying "disproportionate use of non-free material; no critical commentary".

It's also worth noting that User:The JPS has protected pages involved in this dispute. This was reverted by User:Aqwis.

Note: changes to WP:WPRS project guidelines concerning this dispute by User:The JPS have been reverted and taken to the project talk page for discussion first.

What would you like to change about this?
Clarification on whether use of historic logos in an article is fair use or not. Update to relevant Wikipedia guidelines (WP:Logos?) would be helpful as well.

How do you think we can help?
Some additional eyes, particularly those who are experienced with copyright and fair use issues, on the discussion would be helpful.

Mediator notes

 * Opened case on 04:05, 22 December 2009 (UTC).


 * User:Milonica accepted mediation. -- The New  Mikemoral  ♪♫ 05:47, 22 December 2009 (UTC)


 * User:Neutralhomer accepted mediation. -- The New  Mikemoral  ♪♫ 04:41, 23 December 2009 (UTC)


 * User:RadioFan accepted mediation. -- The New  Mikemoral  ♪♫ 17:29, 23 December 2009 (UTC)