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From Mark Thomas <ma...@apache.org>
Subject Re: Question about ASF incubation
Date Mon, 28 Mar 2016 20:45:30 GMT
On 28/03/2016 21:38, Fangjin wrote:
> Hi,
> 
> Are project trademarks and copyrights only donated to ASF if/when a
> project passes incubation and becomes a top level project? If a project
> fails to graduate and become a top level ASF project during incubation,
> what happens to the trademark and copyright of the project?

I am not a lawyer and I don't speak officially for the ASF on legal or
trademark issues. Jim and Shane respectively do that.

That said, I have been around here a while and I am sure Jim / Shane
will correct me if necessary.

Copyright is not transferred to the ASF. It remains with the original
holder(s). The ALv2 grants a copyright license that gives the ASF the
permission it needs. Success or failure of incubation has no impact on this.

If a project has a registered trademark, the ASF would expect to see a
public statement (i.e. on the appropriate podling dev list) of intent
from the current trademark holder to transfer the trademark to the ASF
if incubation is successful.

HTH,

Mark


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