File talk:Prototype of Tux Linux Penguin.jpg/Permission
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- Return to: Image:Prototype of Tux Linux Penguin.jpg
- Material uploaded by —Stephen Ewen (Talk) 17:43, 31 August 2007 (CDT)
This page documents attempts to gain licensing data or permission to use the original penguin image proposed by Linus Trovalds upon which Tux was based hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg
Attempt 1
Email address for below was found at http://www.cs.helsinki.fi/u/torvalds/
From: Stephen Ewen <ewenste AT bellsouth.net>
Date: 20 April 2007 4:01 AM
To: torvalds@transmeta.com
Hello, Linus.
I am requesting licensing information about or permission to use the original penguin image you proposed
upon which Tux was based, hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg,
for use in http://en.citizendium.org/wiki/Tux.
As I am not sure who the author of the image is, I am wondering if you might point me to that person. If
you otherwise know the licensing/copyright data of the image, would you kindly inform me?
Regards,
Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen
---------------------------------------------------------
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Date: 20 April 2007 3:59 AM
To: ewenste AT bellsouth.net
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Subject: Need permission to use image
From: Stephen Ewen <ewenste@bellsouth.net>
Date: Fri, 20 Apr 2007 04:01:27 -0400
To: torvalds@transmeta.com
Hello, Linus.
I am requesting licensing information about or permission to use the original penguin image you proposed
upon which Tux was based, hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg,
for use in http://en.citizendium.org/wiki/Tux.
As I am not sure who the author of the image is, I am wondering if you might point me to that person. If
you otherwise know the licensing/copyright data of the image, would you kindly inform me?
Regards,
Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen
Attempt 2
Email address for below was found at http://www.catb.org/~esr/faqs/linus/
From: Stephen Ewen <ewenste@ellsouth.net>
Date: 20 April 2007 4:30 AM
To: Linus Torvalds <torvalds@osdl.org>
Hello, Linus.
I am requesting licensing information about or permission to use the original penguin image you proposed
upon which Tux was based, hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg,
for use in http://en.citizendium.org/wiki/Tux.
As I am not sure who the author of the image is, I am wondering if you might point me to that person. If
you otherwise know the licensing/copyright data of the image, would you kindly inform me?
Regards,
Stephen Ewen
http://en.citizendium.org/wiki/User:Stephen_Ewen
---------------------------------------------------------
Subject: Re: Need permission to use image
From: Linus Torvalds <torvalds@osdl.org>
To: Stephen Ewen <ewenste@ellsouth.net>
Date: 4/21/2007
It's not mine to give: I _think_ it's probably from Aardman studios (a
British clay animation house - in the US they are more famous for the
movie "Chicken Run" and from their full-length Wallace and Gromit
were-rabbit thing).
But I don't even know what animation it is from. Aardman has done clay
animation for a long time, but I have this dim memory of trying to find
out where the picture was from, and somebody claiming it came from some
British TV commercial, but I have really nothing to back that memory up
with. I might just be hallucinating.
In other words - I have no idea exactly where it comes from originally, or
even who actually sent me that penguin picture. In fact, I won't even
guarantee that it's Aardman, although it certainly fits the style.
It's *not* the most famous Aardman penguin ("Bad Trousers" or whatever the
short is called - an evil penguin steals Wallaces robotic trousers and
robs a bank or something, I'm a bit fuzzy on the details ;). So it really
is very possible that I am just confused.
So the only thing I'm sure of is that it's not mine to give out ;)
[ Update ]
I tried to google for it, and apparently it was Alan Cox who found that
penguin picture originally - which kind of makes sense, since Aardman
would have been known mainly in the UK (certainly they weren't well known
in Finland). Google found an email from me back eleven years ago where I
say "(thanks Alan for pointing me towards it)", and the only "Alan" would
have been Alan Cox.
Linus
Attempt 3
From: Stephen Ewen Date: 21 April 2007 To: sean.clarke AT aardman.com Hello Sean. I am seeking permission to use an image of an Aardman Studios penguin character in a Citizendium encyclopedia entry. The exact image is at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg and the article in which it will appear is at http://en.citizendium.org/wiki/Tux If you would be so kind, please let me know how we might move forward in this matter. Best, Stephen Ewen http://en.citizendium.org/wiki/User:Stephen_Ewen
No response.
Attempt 4
Subject: Permission to use image From: media-assets@citizendium.org Date: Tue, August 28, 2007 3:58 pm To: sean.clarke@aardman.com Bcc: ewenste@bellsouth.net Hello Sean. I am seeking permission to use an image of an Aardman Studios penguin character in a Citizendium encyclopedia entry. The exact image is at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg and the article in which it will appear is at http://en.citizendium.org/wiki/Tux If you would be so kind, please let me know how we might move forward in this matter. If there is another person I should contact, do let me know. Best, Stephen Ewen http://en.citizendium.org/wiki/User:Stephen_Ewen --------------------------------------------------------- Subject: Penguin image From: "Gabrielle Stackpool" <Gabrielle.Stackpool@aardman.com> Date: Wed, August 29, 2007 4:34 am To: media-assets@citizendium.org Dear Stephen Many thanks for your email requesting permission to use the image of the penguin. Im afraid that we are unable to give permission as the image is of a figurine which we have no records of - and there is also no mention of Aardman studios within the text. Best wishes Gabrielle. Gabrielle Stackpool Licensing Co-ordinator Aardman Animations Ltd Tobacco Factory North St Southville Bristol BS3 TF1 Tel 0117 9848989 gabrielle.stackpool@aardman.com http://www.aardman.com <http://www.aardman.com/>
Attempt 5
Subject: [Fwd: Re: Need permission to use image] From: Stephen Ewen <ewenste AT bellsouth.net> Date: Wed, 29 Aug 2007 21:33:28 -0400 To: alan AT lxorguk.ukuu.org.uk Hello Alan. I am in process of creating an image gallery for http://en.citizendium.org/wiki/Tux Linus Torvalds tells me you were the person who originally forwarded the prototype penguin upon which Tux is based, which is hosted at ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg Any idea who owns the copyright to it? I am seeking permission to use it. Kindly advise. Stephen Ewen Media Assets Lead http://en.citizendium.org/wiki/User:Stephen_Ewen --------------------------------------------------------- Subject: Re: [Fwd: Re: Need permission to use image] From: Alan Cox <alan AT lxorguk.ukuu.org.uk> Date: Thu, 30 Aug 2007 10:58:21 +0100 To: ewenste AT bellsouth.net > > Any idea who owns the copyright to it? I am seeking permission to use it. Kindly advise. I'm actually not sure. The original material is almost certainly an Aardman penguin, probably from the electric adverts or creature comforts, but the picture appears to be of a model, not a frame of the video so I've no idea who owns the rights to a photo of a model of a character created by Aardman, probably whoever took it. http://www.tellyads.com/show_movie.php?filename=TA2626&advertiser=Heat%20Electric (penguin that appears on the right, although I don't think the exact advert is there) --------------------------------------------------------- Subject: Re: [Fwd: Re: Need permission to use image] From: Stephen Ewen <ewenste AT bellsouth.net> Date: Fri, 31 Aug 2007 16:36:46 -0400 To: Alan Cox <alan AT lxorguk.ukuu.org.uk> CC: media-assets@citizendium.org Hi Linus and Alan. Below is record of what Aardman Studios has told me concerning the penguin image, the original prototype Tux. I wrote them twice, the second time asking, are you SURE? For me this ends the matter. Yes, it is an Aardman character but that of a figurine, and this exact image is one they do not claim rights to. Stephen Ewen ------------------------- Dear Stephen Many thanks for your email requesting permission to use the image of the penguin. Im afraid that we are unable to give permission as the image is of a figurine which we have no records of - and there is also no mention of Aardman studios within the text. Best wishes Gabrielle. Gabrielle Stackpool Licensing Co-ordinator Aardman Animations Ltd Tobacco Factory North St Southville Bristol BS3 TF1 Tel 0117 9848989 gabrielle.stackpool@aardman.com http://www.aardman.com ------------------------ From: Citizendium Media Assets [mailto:media-assets@citizendium.org] Sent: Friday, August 31, 2007 4:51 AM To: Gabrielle Stackpool [gabrielle.stackpool@aardman.com] Subject: Re: Penguin image Ms. Stackpool. I believe the image ftp://ftp.cs.helsinki.fi/pub/Software/Linux/Kernel/v1.3/ccpenguin.jpg is of the Aardman penguin that appears in a Heat Electric - Penguin Family commercial, see it at http://www.tellyads.com/show_movie.php?filename=TA2626&advertiser=Heat%20Electric - he will appear on the right a few seconds into the advertisement. If this is an Aardman penguin - it without question appears to be one - we will attribute it as such where the image appears at http://en.citizendium.org/wiki/Tux/Gallery Currently, we are using the image under a fair dealing rationale because our attempts thus far to definitively locate the copyright holder have been unsuccessful. We'd much prefer to use it by permission. Kindly check again! Is this Aardman's penguin? Stephen Ewen http://en.citizendium.org/wiki/User:Stephen_Ewen -------------------- Dear Stephen thank you for your email. I did recognise the penguin from the Heat Electric ads -however this is an image of a figurine and we have no records or high res stills of it. The only stills we have available from this ad are ones which do not feature this character (only the other members of the penguin family). Im afraid that we do not hold the rights to the image so cannot give permission. Many thanks Gabrielle
