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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).

10 of 447 comments (clear)

  1. F/OSS Religion by russlar · · Score: 5, Funny

    Fortunately for the rest of us, the FSM is compatible with the GPL.

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    Anybody want my mod points?
  2. Please keep in mind by Anonymous Coward · · Score: 5, Funny

    That the take-down notice is a lightning bolt... up your butt. You've been warned.

    1. Re:Please keep in mind by fuzzyfuzzyfungus · · Score: 5, Funny

      The Pope's argument would be, of course, that(while God is certainly the ultimate owner of the copyright in question, among a large number of other things) he is God's authorized agent/distributor for this territory.

      Since this seems like the best excuse for doing so that I've yet had, I include the "software licensing analogy for distinguishing between Judaism, Catholicism, and Protestantism" below:

      Judaism is a corporate site licence: All members of the organization are automatically entitled to software under the terms of a legal agreement between the organization and the software producer.

      Catholicism is per-seat licensing from a value-added reseller: The church has an agreement with the software producer, under which its sales reps entitled to sell the software, along with a suite of helper utilities and documentation supplements, and the support of its field techs, to any interested individuals.

      Protestantism is retail shrinkwrap software: The individual buyer enters into a contractual relationship with the software producer, without intermediaries. All that the buyer receives is the software and the packaged manual(sola scriptura).

      Addendum: Quakers are FOSS: Individuals get together communally, and anybody who the spirit so moves can get up and code something.

    2. Re:Please keep in mind by fuzzyfuzzyfungus · · Score: 5, Funny

      Indeed. Mostly commonly, users receive it by clicking on spam emails with subject header "Free Personality test!". Downloading "AntiThetan Pro 2009" is also a major source of infections.

  3. Simply following the Scientologists, by thebiss · · Score: 5, Insightful

    ...who have found using IP an effective way to manage criticism.

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    Beware: I believe all are created equal, and have the right to life, liberty, and the pursuit of happiness.
  4. With copyright, Christianity would have died... by Fished · · Score: 5, Insightful

    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.

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    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
  5. Terrible article by coppro · · Score: 5, Insightful

    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.

  6. Re:Scope by tverbeek · · Score: 5, Insightful

    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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    http://alternatives.rzero.com/
  7. no big deal by belmolis · · Score: 5, Insightful

    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.

  8. Re:This definitely by Penguinisto · · Score: 5, Informative

    Umm, yeah.

    (Disclaimer: Catholic guy here. Take that as you will)

    1) The whole story/argument/whatever is based on an organization that literally invented a little something called an imprimatur (The funny part is, the deal with Galileo was largely based on the fact that he printed his famous book and using a papal imprimatur without permission, but that's a whole other argument that I'm sure I'd be modded into oblivion for elaborating on).

    2) They've sorta held the trademark for roughly 1400 years or so, and the office for roughly 1973 years (an estimate counting back to when Peter was named to the office, counting Dennis The Short's mathematical hose-ups on the whole Anno Domini tabulations.)

    3) It's their office, thus their right... still open for parody and news purposes though, at least in western nations that enjoy freedom of speech. No different than if Tux the Penguin were registered as a trademark by the Linux Foundation, really (For instance, using Tux as a marker for Linux news stories, versus Microsoft using Tux as their new logo for Windows 8...) They're no further beyond or above secular law (outside of Vatican City) than any other organization... which makes the summary kind of a moot point.

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    Quo usque tandem abutere, Nimbus, patientia nostra?