Dreamworks is producing a sensationalized, awful movie about Wikileaks and Julian Assange. Some of the action involves the Noisebridge hackerspace in San Francisco that Wikileaks’s Jacob Appelbaum helped to found, so Dreamworks wrote to them asking for permission to use their logo. Noisebridge collectively penned a letter back explaining fair use and free speech to the representatives from Big Content who’d come a-knockin’:
From your description, it should be clear to anyone watching your film that you’re just using the image to talk about Noisebridge, not claim you are Noisebridge or that Noisebridge supports your film*.
Given this, Noisebridge as a community believes you have the free speech right to use such imagery without having to ask permission — especially those who you might be implicitly criticising or commenting upon. Such a right is encoded in the existing nature of trademark and copyright with the idea of fair use.
Sadly, knowledge of such rights have been eroded over the years by the repeated claims of copyright maximalists, who would have you believe that you must beg to refer to us in your film — or even that you would be beholden to us if, for instance, you parodied our disrespectful attitude to your concerns with the following image, which includes both of our identifying marks, the Noisebridge(TM) circuit, and the Unicorn Pissing A Rainbow(TM).
Such a position is lunacy and a genuine threat to free speech and the first amendment. You should exercise all of your fair use rights freely and without fear.
So we say tell your friends at DreamWorks to publish (or print, or produce) and be damned. Tell them we fully support them in their brave stand. You can say with confidence that the only conditions under which Noisebridge would sue them and their partners to the maximum damages entitled to us by law would be if it turned out that hackers like us were completely hypocritical nihilists out only for our own egotistical ends.
Given that you were so nice as to ask us, we can’t imagine you think that of us.
(Thanks, Danny!)