Quote Originally Posted by M. A. C. Newsome View Post
Yes, the Maine tartan is recorded in US Copyright office records, I can verify that because I looked it up.

While I am no copyright lawyer, I have understood things slightly differently than how Steve presented them.

My understanding is that, with any kind of intellectual property (a poem you wrote, an article, a painting, or in this case a tartan) you automatically have copyright simply by virtue of the fact that you are the creator of the "thing."

Registering your "thing" with a body such as the US Copyright office is not neccesary for you to have copyright, but simply provides a means by which you can prove, if needs be, that yes you did design this "thing" on such-and-such a date and the US Copyright office has record of it.

If the question of copyright ever comes up in court and you need to prove that you actually are the original designer of the "thing" having it recorded in the US Copyright office really helps. Otherwise you will have to find some other way to prove your claim of copyright.

But the copyright status itself is not dependant upon formal registration of your "thing." Registering it only makes it easier to defend your copyright.

M
So the tartan is registered as "The" Maine tartan, then? I have a problem with this individual registering a tartan as a state tartan, and then turning around and not even allowing it to be printed in a book about district tartans. If she doesn't want people to use it, then she needs to change the name of the tartan. Why, as Matt stated earlier, even design a tartan for a state and then restrict it's use?

Regards,

Todd