"Your
item in Marketplace 'Murmurs' concerning
the unauthorized use of the Red Cross
requires some important corrections.
You ask: 'Who owns this image?' Your
answer: 'The Canadian Red Cross says
it does.' In fact, we do not say
that we own the image of the Red
Cross. We do say on our website that
based upon both domestic and international
law the Canadian Red Cross and the
medical corps of the Canadian Forces
are authorized to use the Red Cross
emblem in Canada. But the emblem
of the Red Cross is actually owned
by States Party to the Geneva Conventions.
"You also mention in your
commentary that 'the Red Cross
is apparently launching battles
against unauthorized usages of
the Red Cross symbol; it's threatening
to sue everyone from the makers
of first-aid kits and video-game
makers that (are) identifying in-game
health kits with the red cross
symbol.'
"In fact, we are doing precisely
the opposite. Recently, we launched
an initiative within the Canadian
Red Cross intended to educate and
inform unauthorized users of the
Red Cross about the significance
of the emblem and their obligations
under law. While it is one of the
most recognized symbols in the
world, the Red Cross is also one
of the most misunderstood. Many
people incorrectly believe that
the Red Cross name and emblem is
in the public domain and that its
use is unrestricted. This is simply
not true.
"We explain that the Red
Cross is an international symbol
of protection and the rules of
its use are carefully defined in
international law under the Geneva
Conventions and restricted by Canadian
law. Measures to protect the emblem
exist in three separate pieces
of Canadian legislation: the Geneva
Conventions Act, the Canadian Red
Cross Society Act and the Trade-marks
Act.
"The Canadian Red Cross,
like other national Red Cross and
Red Crescent societies, protect
the emblem because we have
obligations in both international
and domestic law to do so. More
importantly, we protect the Red
Cross emblem because it protects
the lives of our humanitarian workers,
especially in conflict zones.
"This is not a trifling
or trivial issue. In recent times,
two members of the Canadian Red
Cross serving with the International
Committee of the Red Cross have
been killed in the line of duty – one
in Chechnya and the other in Iraq.
Our humanitarian workers don't
carry guns; all they have is the
protective value of the emblem.
By vigorously preventing the misuse
of the emblem in peacetime, citizens
help preserve its ability to protect
the vulnerable in times of armed
conflict.
"Whenever we discover that
a business or organization is misusing
the Red Cross, we provide information
to them on the importance of the
Red Cross emblem and seek their
cooperation in ending the unauthorized
use. Almost everyone we have contacted
who has misused the Red Cross emblem
voluntarily agree to stop such
practices once the true significance
of the misuse has been explained
to them. Generally, Canadians want
to assist us in our humanitarian
mission.
"However, while it is rarely
necessary, the Government of Canada
and The Canadian Red Cross can,
based upon our statutory obligations,
take legal action against organizations
or individuals who persist in misusing
the emblem. This is not our preferred
option and fortunately has only
been necessary once in the last
five years.
"While Mr. Cory Doctorow
is misinformed on a number of issues
related to the Red Cross generally,
his suggestion that we are 'betraying'
our supporters with this 'misguided
harassment campaign' has no basis
in fact. He also contends that
taking the emblem off of 'med kits
in video-games is nothing better
than censorship.'
"The Red Cross has no interest whatsoever
in censorship. What we are doing is discharging
our obligation in law to protect an important
humanitarian symbol from misuse." |
