NAXJA copyright ownership?

[XJ Eric]

logo and its use. a Copyright question...

http://www.naxja.org/forum/showthread.php?t=43645&highlight​

During my search, the above post was the only thing I could find referencing this subject, so I decided to start a new thread...
My question is who really has the authority to allow the use of the name? This subject brought itself up recently in my personal life and I got to thinking how it related to .
I have read the bylaws and it doesn't specifically address this subject. While I would assume that the BOD would be the correct answer but again its not covered. It may be something we need to add to the Bylaws. Some could argue that any member of the corporation, (not the BOD exclusively) would have the ability to authorize the use of the logo to say, make decals for XJs. What if they didn't sell them? Gave them away? or for personal use on their vehicle only, what if they DID sell them? I use that example mainly because I know its a touchy subject for many members. But it could go in many different directions.
:lecture:
I know we're going to have different opinions on this. Some will say, "I don't mind if a member goes to a local shop has one made for their personal XJ but not to sell." others will have a problem with it. Whats the legal answer?​

 

[Glenn B]

Techinically, under the law, and original work is protected by copyright law. The BOD would be the authority covering who is allowed to use the logo for what, as it is an original work belonging to the corporation.
Here is a good link in mostly plain language: http://www.copyright.gov/title17/92chap1.html

 

[XJ Eric]

That was my opinion too. But I'm thinking that we need something more specific stating that only the BOD has the authority. As it is now, there is nothing restricting it to the BOD. with the current wording any member has the ability, under the current bylaws, to use the corporation's logo. To use it on a business card or letter head for example.

Now for the debate part:
Do we WANT to restrict the membership from using the logo? IS there anything wrong with a paying member to go to a local shop and having a windshield banner made? We want exposure right?

 

[woody]

That was my opinion too. But I'm thinking that we need something more specific stating that only the BOD has the authority. As it is now, there is nothing restricting it to the BOD. with the current wording any member has the ability, under the current bylaws, to use the corporation's logo. To use it on a business card or letter head for example.

Now for the debate part:
Do we WANT to restrict the membership from using the logo? IS there anything wrong with a paying member to go to a local shop and having a windshield banner made? We want exposure right?

I can't speak for the current BOD as to their interpretation of this, but I know in the past, if a Member wanted to make ONE thing (like a windshield decal) for personal use, and the use was "in good taste", permission was freely granted. if a Member had plans to make a bunch of them and resell them, it was generally NOT permitted, and they were encouraged to contact the Store manager to see if their idea had merit.

Similar to this is when Chapters incorporate the name or logo into their various items (hats, tees, decals) permission was normally granted.

 

[XJ Eric]

I figured that the BOD wouldn't really care that much about single creations, but do they have anything in the Bylaws legally they can stand on to deny the use of it?

 

[Glenn B]

I figured that the BOD wouldn't really care that much about single creations, but do they have anything in the Bylaws legally they can stand on to deny the use of it?

I guess they could put something in the by-laws if some people think it is needed that they dedicate their time to that. Either way, copyright law trumps... so I guess they could duplicate things and add it in. :read:

 

[XJ Eric]

I guess they could put something in the by-laws if some people think it is needed that they dedicate their time to that. Either way, copyright law trumps... so I guess they could duplicate things and add it in. :read:

The way I read the copyright law, it said that the corp owned the logo but it didn't say who in the corp. could use or authorize the use of the logo.

I think it would be worthwhile to see in the bylaws stating who can and can't use the logo and how.

I'd like to see in the bylaws that any member in good standing has free reign on the logo for personal use.

 

[WB9YZU]

This belongs in the Membership Forum as it is a question of whether to allow Members to use the Logo for their personal use.

Presently, the rules regarding the use of the logo are real clear and the "Corporation" is represented by the BOD. This keeps control of the Trademark and prevents abuse.

If you feel strongly about this, and you believe this is a hot topic issue, make a Motion in the Members Forum and debate it there.

 

[woody]

Good post Ron! Hits the nail right on the head.

And with that....

Adios