Quote Originally Posted by M. A. C. Newsome View Post
...However, as I advise people when I design new tartans for them, if you ever want to see your new tartan become popular or well recognized, then you better not attempt to restrict the production of it too much....


...So, all this is to say that a tartan copyright holder is perfectly within their rights to restrict the tartan in any way they choose. However, it must be understood that it will have an effect on the perception and use of the tartan, and you have to ask yourself what your ultimate goal for the tartan is.
A solution might be to create two (or more) tartan designs, one restricted and the other in the public domain and widely promoted.

This seems to be what Graham Alexander Robieson of Dunfermline has attempted to do, but in three different ways, according to the info on the Tartans of Scotland website.

He designed this one, 3016, "Resticted as a family tartan" and presumably copyrighted: http://www.tartans.scotland.net/tart...an_id=7000.htm

But Mr Robieson also created 3116 "A tartan for all with the name:" http://www.tartans.scotland.net/tart...an_id=8080.htm

...as well as a third, Robieson Kith and Kin, 3064, that seems intended for more popular usage: http://www.tartans.scotland.net/tart...an_id=7640.htm

"Although this tartan was created for Graham Alexander Robieson's family (the designer), there are no restictions on who may wear it."

The intended usages of the first and thrid tartans is clear; however, interesting issues are raised in the description of the second one, "for all with the name." How does Mr Robieson intend to go about managing the production and wearing of it, maintaining his copyright protection while at the same time allowing all with the name to wear (and produce and reproduce?) it. Will those Robiesons not in his family get an assignment or license? How would "family" be defined here?


As you know, something similar has occurred several times over the history of clan or family tartans, with a chief's tartan that is customarily (it is said) worn only by him or her and the immediate family. The Struan Robertson tartan is an example. The chief's tartan is the same as the general clan tartan, but with the addition of a white stripe.