Unnecesary licence files

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Assessment

Difficulty
2/5
Estimated time
1-3 hours
Newbie friendliness
42/100
Issue type
Documentation
Clarity
Mostly clear
Activity status
Stale
Domain
documentation

Research direction

Start by reviewing the licence files under data/ and the relevant files that note the sources of the colours. Check whether any repository references depend on those files and confirm the project’s preferred attribution policy. Done means the unnecessary files are removed while required source acknowledgements remain intact.

Written by the indexing model from the issue text.

Description

IANAL, but I noticed the licence files under data/ and to the best of my understanding neither particular colours nor colour schemes can be copyrighted (particular shades can be trademarked, but that's another matter). In the source repositories, the code surrounding the colours themselves may be covered by copyright, but not the colours themselves.

References:

  • Compendium of U.S. Copyright Office Practices § 906.3 "Mere coloration or mere variations in coloring alone are not eligible for copyright protection"
  • In some recently outdated EUIPO guidelines I see "A single colour may of course be an element of a design, but on its own it does not comply with the definition of a design because it does not constitute the ‘appearance of a product’.", in the newer guidelines the only mention of colour I see is under the grounds for refusal.
  • Given the Berne Convention and the TRIPS Agreement, it seems wholly reasonable to presume that US copyright guidelines on colour extend internationally.

As such, while it's polite to note the source of the colours in the relevant files, I think actually copying the licences is a bit excessive and would advocate for their removal.

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Julia
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