I concur with Andy that a legal FAQ that outlines the intent
of, need for and legal scope of PSC Motion #6 (rev. 3) should be prepared and
made available to our members on a timely basis.
As I previously indicated to
I answered the questions of many members. Some seem to be totally satisfied;
others indicate they would like to have a legal opinion (from Chris) on the
extent to which materials held or owned by ARES will be potentially vulnerable
to disclosure and/or confiscation by the League. A few remain totally skeptical.
For your information, the following are representative
questions and positions submitted to me on this subject, as well as replies I
have given. My answers were all phrased
as being my understanding and opinion.
GENERAL INTERPRETATION AND QUESTIONS BY COMMENTING MEMBERS OF
BOARD ACTION: The wording sounds
like ARRL is in complete control and carrying a big stick! It places a bad taste in members and
non-members alike. I questioned the
need for the comment after all of these years in running the ARES program, why
make it at this time? There should
have been an explanation as to why it was put out.
MY ANSWER: The
action represents nothing new, but merely states the facts as they have existed
for many years. The League has been
careless in protecting the ARES trade mark over these years and we just
recently realized others could lay claim to the mark because we have failed to
protect it as legally required. Anyone who is able to take the mark from
us could apply it to any sort of activity including those that are anti-ARRL,
anti-Amateur Radio or simply detrimental to us.
QUESTION: WE
HAVE A VAN WITH AN ARES LOGO ON IT.
DO WE NEED TO RUN OUT AND CHANGE THE LOGOS RIGHT AWAY?
ANSWER: I don’t
believe it is necessary to make an immediate change; however, as the
opportunity arises, the trademark symbol should be added.
QUESTION: ARE
VEHICLES, FILE CABINETS AND OTHER PIECES OF EQUIPMENT WITH ARES LOGOS ON THEM
SUBJECT TO BEING CONFISCATED?
ANSWER: No. ARRL is not interested in taking
anything such as these. Even in
very unusual situations of impropriety, all that would be needed would be to
remove the ARES logo rather than give the truck up.
QUESTION: MY
ARES ROSTER CONTAINS CONFIDENTIAL INFORMATION THAT WAS GIVEN ON THE
UNDERSTANDING THAT IT WOULD NOT BE REVEALED TO OUTSIDE PEOPLE. WHAT HAPPENS WITH IT?
ANSWER: The
actual interest in the ownership rights to rosters and other ARES-owned
documents is to ensure they will be passed on to successors in the organization
in case, for example, an EC becomes unhappy with the group, walks away from it
and take the records with him. The
notice that these records belong to ARES (an ARRL organization) and through it
by ARRL Is to help prevent this from happening.
If concern still exists, truly confidential information on
members can be protected from disclosure.
QUESTION: WE
HAVE CONFIDENTIAL INFORMATION FROM A CHEMICAL PLANT THAT WAS GIVEN TO US TO
HELP PREPARE COMMUNICATIONS PLANS FOR DISASTERS THAT HIT THE AREA. WE DON’T THINK ARRL HAS A RIGHT TO
TAKE THIS INFORMATION.
ANSWER: Much as
above with the addition – Information that remains the property of a
served organization, but is on loan for planning purposes to an ARES unity is
not ARES property. It should be
treated as such by the ARES unity.
QUESTION: MANY
ARES ORGANIZATIONS ARE COMBINATION ARES/RACES ORGNIZATIONS. ARE NOT THE MEMERS NAMES (IN THESE
INSTANCES) PROTECTED BY THE FEDERAL RIGHT TO PRIVACY ACT SINCE FEMA IS A
FEDERAL AGENCY?
ANSWER: Don’t
know, but will find out.
QUESTION: SOME
GROUPS AND CLUBS HAVE DEVELOPED THEIR OWN LOGOS BASED ON THE ARES LOGO DESIGN. ARE THESE ANY PROBLEM.
ANSWER: If the
ARES logo is used within another logo it will need to have the trade mark
symbol added in due time.
QUESTION: IN THE
1ST DISTRICT, WE HAVE SEVERAL ARES/SKYWARN PROTOCOLS AND SOP’S
WHICH IN MY OPINION ARE THE PROPERTY OF THE INDIVIDUALS WHO CREATED THEM, AND
FOR THEM TO RELEASED TO ANY OTHER INDIVIDUAL OR GROUP YOU WOULD NEED TO GET
PERMISSION FROM THE AUTHORS. UNDER
THE LEAGUE’S POLICY, AS WRITTEN AND WITHOUT CLARIFICATION, WE COULD BE
COMPELLED TO RELEASE CONTROL OF THESE DOCUMENTS TO THE LEAGUE AND THEY CAN THEN
DO AS THEY PLEASE, INCLUDING COPYRIGHT THEM. BY THE WAY, A FRIEND OF MINE IS AN
ASSISTANT
ANSWER: This is
another one I didn’t answer.
From my experience I have to say that the above interpretation would be
fairly accurate if there was an employer-employee relationship. I don’t know about situations that
apply regarding volunteers such as in ARES.
As you see, the concern really is over who has ownership of
property and of what property is covered.
73,
Director, Great Lakes Division ARRL
5065 Bethany Rd., Mason, OH 45040
Tel.: 513-459-0142; E-mail: k8je@arrl.org
ARRL:
The reason Amateur Radio Is!
MEMBERS:
The reason ARRL Is!