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by EDWARD SZTUKOWSKI
News Editor
The American Civil Liberties Union has successfully persuaded Appalachian State University to change its trade marking and licensing policy.
Earlier in the year, students contacted the Office of Trademarks & Licensing over production of T-shirts for non-commercial use. The T-shirts stated “Appalachian: The Beer & Football University,” and “Shame on App State: Support the Workers
Rights Consortium,” and were denied licensing by the university.
Appalachian
administrators claimed university approval was needed before
individuals and groups had “permission to print,” even if the designs
contained Appalachian trademarks used in a fair use and free speech
context.
The ACLU
contacted the university over the matter, saying the T-shirt was
protected under free speech, and Appalachian provided the Office of
Trademarks & Licensing with too much discretion in deciding which
T-shirts would be allowed.
“I
understand the desire to protect the university’s image, but
administrators overstepped their trademark authority and violated free
expression rights,” President of the ACLU Appalachian chapter Clark C.
Anderson said in a statement.
University Attorney David Larry said the ACLU brought up good points which helped the university clarify its position.
“[The ACLU] had actually researched some questions that had been troubling me for sometime,” Larry said.
Larry said they have reworded and added clarification to the licensing page.
In the
updated policy, Appalachian cannot require pre-approval from
individuals who are not acting on behalf of student organizations.
Student
clubs and groups are still required to submit for pre-approval; if they
are denied they may print at unlicensed printers.
“You may
have been denied for licensing, but we cannot stop you from printing,”
Larry said. “If you get denied, you should use your own discretion to
make the mark. [Appalachian] would then look at it to decide if it was
an infringement.”
Anderson
said the ACLU is still looking into whether requiring student
organizations to submit for licensing is against free speech.
The
updated policy also states “it is not the intent of Appalachian State’s
policy to limit or prevent or to require the licensing of activity that
would not infringe or dilute Appalachian State’s legal rights, e.g.:
the legitimate exercise of the constitutional right of free speech, or
trademark or copyright fair use.”
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