From: boris@sys6626.bison.mb.ca (boris)
Newsgroups: rec.org.sca
Subject: Re: SCA Heraldry and Copyright Law
Date: Sun, 30 Aug 92 01:29:58 CST
Organization: system 6626 BBS, Winnipeg MB

bull@vaxc.cc.monash.edu.au writes:

> In article <7336@ds5000.DAC.Northeastern.edu>, bnostran@ds5000.DAC.Northeaste
> > Gentles!
> >
> > Recently there has been some discussion on the heralds list about
> > whether SCA armoury is protected by copyright law, whether it
> > should be and if so who owns it.  I believe that this is one
> > aspect of a general question concerning what the society as a
> > whole expects from the "protection" afforded by registration
> > with the CoA.  Thus, I hope that there will be some discussion
> > of what the populace desires in regards to name and device
> > "protection."
> >
> >                                       Your Humble Servant
> >                                       Solveig Throndardottir
> >                                       Totally Ignorant
> 
>         I assume you mean mundane protection of SCA arms, yes? Not
> being a legal type, it is probably necessary to apply for copyright
> on your arms, according to the requirements of the legal system of
> your country. Simply registering your arms with the SCA may not be
> sufficient to prevent mundane use of them without your consent.
> Some countries (eg England) have seperate legal entities to administer
> the registration and protection of arms (The Royal College of Arms).
> I don't know what the requirements are for the mundane granting of
> arms in England, but it may not be possible to register and receive
> mundane protection of SCA arms in England (but don't take my word on
> that).
> 
>         I am not a Herald. I have never been a Herald. I hope I shall
> never be a Herald. 8-)
> 
> 
>            Bull@vaxc.cc.monash.edu.au  OR  bull@monu1.cc.monash.oz
>                     DOD# 251  '84 VF 750   Closet Ducatisto
>              Disclaimer. If you love your llama, let it lambada.

 Here in North America (and in many many places) Hearldry is just an art 
form and the individual armorials are works in that art form.
  Look up the art works copywrite legalities in your neighborhood.
I for one OPPOSE the SCA taking it upon itself the right to be the sole 
arbiter of who may or may not bear arms here. And that is what is being 
suggested by the SCA holding the rights to all it's member's arms.
  If you want to represent youself via an armorial then go ahead. No one 
can stop you. There is no legal entity within north american governmental 
systems to regulate the bearing of arms and so there is no one to 
'register' them with.  Therefore they are merely works of art and as such 
are copywrite as works of art. 
  The SCA in the early years gave itself the right to regulate the 
armorials of it's members, but has no right to GRANT them legally. 

 I hereby take that same right to administer hearldic arms upon myself.
You want an armorial, I'll grant it.
I now have as much legal authority to hold the copywright to the arms as 
 I 'Grant' as the SCA.

It's just a work of art guys.
 

;--- (boris) a user of sys6626, running waffle 1.64
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