Magazine Tests Harvard's New Copyright Policy

"What's in a name?" The age-old question has fresh significance for a journal of gay and lesbian ideas called The Harvard Gay & Lesbian Review.

Richard G. Schneider, who publishes the nonprofit quarterly from his home in Boston, started the Review five years ago as a forum for gay and lesbian scholarship. The Review has garnered a national reputation and attracted contributors from Rep. Barney Frank '61-'62 (D-Mass.) to Camille Paglia.

But the Review is coming under the scrutiny of University lawyers and administrators who believe the journal is in violation of Harvard's trademark rights.

Robert Donin, a lawyer in the University's Office of the General Counsel, said he has contacted Schneider, to discuss the usage of the Harvard name in the journal's title.

Before founding the magazine, Schneider edited the newsletter of Harvard's Gay and Lesbian Caucus, an organization for University alumni, faculty and staff. He did not attend Harvard College but received a Ph.D. in sociology from the University in 1981 after graduating from Williams College.

Schneider downplayed the significance of the Harvard connection in the magazine's name.

He said the Review "happens to have the name Harvard, of which we're very proud."

Schneider's journal is one of scores of organizations and publications nominally affiliated with Harvard, but under a policy introduced at the start of this year, campus groups must seek permission to include school references in their monikers.

Donin explained that Schneider's is the onlypublication "of which we are aware that usesHarvard's name in the title but does not have anofficial connection to the University."

Although the University has contacted theReview to discuss its usage of the school's name,no meeting date has yet been established. "We havebeen in communication with them to meet with themand talk to them further about it," said AssistantProvost Sarah Wald, who is overseeingimplementation of the new name policy.

Last Friday, the Review was the subject of anarticle in The New York Times' "Arts and Letters"section. But Harvard officials said they wereaware of its existence and its title before theReview received this publicity.

"I don't expect the Times article will have anyeffect," Schneider said.

When asked if he was concerned about a possibletrademark conflict with the University, Schneidersaid, "It's not something I want to talk about.It's not a big issue."

Schneider did, however, point out a connectionbetween the Review and his work for the HarvardGay & Lesbian Caucus. He said his creation of themagazine grew out of the experience of editing thenewsletter.

"The caucus and its newsletter always used theampersand [in their titles]," Schneider said.However, Schneider also said there are noundergraduates currently involved in theproduction of the Review and that the caucus isprimarily composed of alumni.

"Some undergraduates are members, but it comeswith $25 dues," Schneider said. "We don't recruitthat many present students--not even graduatestudents."

Donin said "the fact that a person is a Harvardgraduate does not entitle him to use Harvard'sname in the title of a private business activity."

Donin and Wald explained that the use of theterms "Harvard" and "Harvard University" in thenames of campus organizations is subject to reviewof the Provost. Approval is granted only when thegroup is representative of and accountable to theentire University. Groups that are clearly studentassociations, like the Harvard Glee Club, are alsoallowed to name themselves after the school.

According to Wald, the school has a number ofoptions when potential conflicts arise surroundingthe use of the Harvard trademark. These includearranging a name change or engaging in a licensingagreement, which applies to commercial usages ofthe name and requires payment of a license fee.

"In the extreme case, Harvard has the trademarkrights under law and can sue to get [improper nameusage] stopped," Wald said. "But it usuallydoesn't come to that.

Donin explained that Schneider's is the onlypublication "of which we are aware that usesHarvard's name in the title but does not have anofficial connection to the University."

Although the University has contacted theReview to discuss its usage of the school's name,no meeting date has yet been established. "We havebeen in communication with them to meet with themand talk to them further about it," said AssistantProvost Sarah Wald, who is overseeingimplementation of the new name policy.

Last Friday, the Review was the subject of anarticle in The New York Times' "Arts and Letters"section. But Harvard officials said they wereaware of its existence and its title before theReview received this publicity.

"I don't expect the Times article will have anyeffect," Schneider said.

When asked if he was concerned about a possibletrademark conflict with the University, Schneidersaid, "It's not something I want to talk about.It's not a big issue."

Schneider did, however, point out a connectionbetween the Review and his work for the HarvardGay & Lesbian Caucus. He said his creation of themagazine grew out of the experience of editing thenewsletter.

"The caucus and its newsletter always used theampersand [in their titles]," Schneider said.However, Schneider also said there are noundergraduates currently involved in theproduction of the Review and that the caucus isprimarily composed of alumni.

"Some undergraduates are members, but it comeswith $25 dues," Schneider said. "We don't recruitthat many present students--not even graduatestudents."

Donin said "the fact that a person is a Harvardgraduate does not entitle him to use Harvard'sname in the title of a private business activity."

Donin and Wald explained that the use of theterms "Harvard" and "Harvard University" in thenames of campus organizations is subject to reviewof the Provost. Approval is granted only when thegroup is representative of and accountable to theentire University. Groups that are clearly studentassociations, like the Harvard Glee Club, are alsoallowed to name themselves after the school.

According to Wald, the school has a number ofoptions when potential conflicts arise surroundingthe use of the Harvard trademark. These includearranging a name change or engaging in a licensingagreement, which applies to commercial usages ofthe name and requires payment of a license fee.

"In the extreme case, Harvard has the trademarkrights under law and can sue to get [improper nameusage] stopped," Wald said. "But it usuallydoesn't come to that.