replacing non-free functional artwork
I was recently shown this program.[1] It would be very useful to me, and the source code is free, but the logo/icon and some artwork are non-free. The logo/icon cannot be used in derivative works. This is seems to be the same situation as Firefox and does not bother me, as derivative works can just be rebranded. However, the other non-free artwork (some does not permit derivatives, some does not permit commercial redistribution) is more problematic, because unlike a logo, which is just for branding, this artwork is part of the graphical interface, so it is functional data. It seems that a FSDG-compatible distribution would have to replace this artwork (and then be rebranded, since that would make it a derivative work).
From a technical perspective, it seems like the simplest way to replace the proprietary artwork would be to replace each image with a similar image. From a legal perspective, I want to be sure that this is sufficient to avoid infringing the original artist's copyright.
A lot of them are very simple images representing dials or switches. This one is basically just a circle with a contour line at the top.[2] I could draw from scratch a new circle of a different color and without the same contour line. It would be inspired by the original circle, but I don't think it would be a derivative work. I don't think you can copyright "upward pointing dial" or "on switch" any more than you can copyright "floppy disk" to mean "save," so I'm pretty sure I'm okay here.
Then there are a few images like this[3] which are background images for the graphical interface. These are more complex than the dial and switch icons, because they have a particular layout. I don't *think* that a layout is copyrightable, so I don't think that imitating the layout would be a copyright infringement, but IANAL.
Is anyone familiar enough with how copyright works with respect to icons and other GUI elements to provide some guidance?
[1] https://github.com/VCVRack/Rack
[2] https://raw.githubusercontent.com/VCVRack/Rack/v0.6/res/ComponentLibrary/CKD6_1.svg
[3] https://raw.githubusercontent.com/VCVRack/Rack/v0.6/res/Core/AudioInterface.svg
The most conservative advice would be to use completely different graphics and a completely different layout to come up with a completely different look & feel nevertheless to avoid even the possibility.
https://en.wikipedia.org/wiki/Broderbund_Software_Inc._v._Unison_World,_Inc.
name at domain wrote:
> I was recently shown this program.[1] ...the source code is free, but the logo/icon and some artwork are non-free. The logo/icon cannot be used in derivative works.
> Then there are a few images like this[3] which are background images for the graphical interface. These are more complex than the dial and switch icons, because they have a particular layout.
> [3] https://raw.githubusercontent.com/VCVRack/Rack/v0.6/res/Core/AudioInterface.svg
So, a mostly free program has an interface, which is unmodifiable per copyright, but includes a logo, that cannot be used in modified program per trademark. Cunningly.
I would suggest you to present this question before a broader audience. How about filing a request for packaging to Debian and asking name at domain then?