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Holy See Declares a "Unique Copyright" On the Pope
An anonymous reader sends in news of what must be some kind of record in overreaching intellectual property claims: the Vatican has declared that the name, image, and any symbols of the Pope are for exclusive use of the Holy See. They may have a point if, as the declaration hints, some have used "ecclesiastical or pontifical symbols and logos to attribute credibility and authority to initiatives" unrelated to the Vatican. But how much room will they allow for fair use? Will high school newspapers have to remove the Papal Coat of Arms from their Vatican news columns? The royalty schedule was not released, so it's not clear how much Slashdot will have to pay to run this story (or if there will be a penalty for the accompanying pagan idol).
...who have found using IP an effective way to manage criticism.
Beware: I believe all are created equal, and have the right to life, liberty, and the pursuit of happiness.
Something that I rarely hear pointed out is that, with copyright as we know it today, Christianity would have died "in the womb." Imagine if the various churches who were the recipients of Paul's letters were unable to make copies and forward them to other churches. Imagine if the Bible were originally copyrighted (the way that the modern critical texts are! I still don't really get that one--how a 2000 year-old text can be coyrighted.) Copyright is an enemy of the Christian faith, and I'm disappointed in the Vatican--of course, here I am a Baptist whose theological 40% evangelical, 30% Anbaptist, and 30% Eastern Orthodox, so maybe that's not surprising.
"He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
Ugh... I wish people would stop mixing up the difference between trademark and copyright. Notwithstanding that the Vatican is a sovereign state and can do whatever the heck it wants within its boundaries, what they're really declaring is that the trademark of the Pope is going to be reserved for their exclusive use. Copyright isn't even involved here.
Under the Berne Convention and all other copyright treaties, local copyright laws apply in every country. Trademark laws are local as well. The state of Holy See could pass legislation copyrighting the Bible for God's sake (pun intended), and it would have no impact whatsoever on the rest of the world, where that legislation has no relevance.
Whether organizations around the world connected to the Roman Catholic Church are affected by this isn't a matter of copyright law. That's simply a matter of the rules that a church lays out for its members. If the RCC says "no meat on Friday" or "no condoms" or "no use of the pope's logo without permission", that's just a church being a church. I can see members of that church being concerned about a change in those rules, but is this News For Nerds or Stuff That Matters? No.
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I haven't been able to find the actual Vatican statement, but as the news accounts describe it, it looks like this is really nothing more than a routine trademark claim. I don't think they're claiming that you can't refer to the pope or even display his symbols without permission. They just don't want them used in such a way as to suggest that the Pope has authorized something without permission. This is the same as a regular trademark. You can talk about IBM and even portray its logo; you just can't use them in such a way as to suggest that you speak for IBM or are affiliated with IBM.
I wasn't implying that they didn't have the RIGHT to such a copyright/trademark, I was simply trying to point out the underlying problems with trying to enforce such a copyright claim. Given the especially litigious atmosphere surrounding IP and copyright these days, it seems to me that the the Papacy may have invited trouble unnecessarily.