[ANSTHRLD] Blazon

[Blaise de Cormeilles]

On Tue, Apr 01, 2003 at 08:15:15AM -0500, ravenrux at cox.net wrote:
> Although the SCA College of Arms has authority within the SCA to enforce
> proper use of arms the real heart of the matter (kokoro?) is this....does
> the SCA have any recourse to protect arms registered thereby from use of
> those outside the SCA?
>
> My answer is yes.  When you make and submit a device you release
> ownership entirely to the CoA.  That may sound like a bad idea, but since
> they own it, and it is published in periodic form, it is clearly covered
> by copyright law which protects unique graphic designs for their creators
> and assigned owners.  If the SCA did not do that then only the devices
> which the individual owners registered as copyrights (and that wouldn't
> be very many at all) would be covered.

This is incorrect.  First, you do *not* release ownership; you own your
armory.  Second, copyright protection is not dependent on registration.
>
> I do not know whether the SCA registers the O&A with the Patent and
> Copyright office in anthology form or not.  If they do (and it is cheap
> to do) then we are covered in any case.  If they do not, then they cannot
> sue for infringement until such a time that it is a registered work.  The
> publishing of the Ordinary does work in our favor, giving us a
> presumption of ownership, since we can show that we were using a
> particular design in such-and-such year.

There is no such thing as a Patent and Copyright Office; it is the
Patent and Trademark Office.  Copyright infringement can indeed be
pursued without registration.

> Now, it should be understood that this is not exactly the same as Arms
> infringement in the mundane world.  There is no "real" heraldic authority
> in the U.S. (that's another rant entirely).  But copyright law does
> protect us, and the fact that the whole of the SCA Armory and Ordinary is
> owned and published by the SCA works very much in our favor.

The SCA Armory and Ordinary is owned by the SCA in the same way that an
anthology of short stories is owned by the editor/publisher -- they do
not have exclusive right to the armory contained within; the registered
owner (as listed by the SCA) has control.

Blaise
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