X Marks the Scot - An on-line community of kilt wearers.
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7th August 12, 06:05 AM
#1
who "owns" a tartan?
I see a theme (sometimes repeating) of people asking about wearing tartans to which they feel they have no actual right. I don’t want to rehash all those comments, but suffice it to say, it usually comes down to respect. Inevitably someone always comments that the inquiring person ought to just ask the Clan Chief for permission. This poses a new twist on the question for me and one that I hope can generate some discussion.
Who actually OWNS a tartan? Asked another way, I have understood that Clan Chiefs “endorse” a tartan to be worn by their family/clan. And can endorse additional tartans pretty much as their exclusive right as the Chief. Is this paramount to ownership?
As an example, I have noted that very few family/clan tartans are actually restricted. So, where does the “ownership” come from? If I were to decide that I wanted to use Auld Scotland for my family and thereby declare it as my family’s tartan, would that somehow mean that others were not allowed to wear it without my permission? Taken a bit further, if I were to have several friends and our families mutually supported each other and so we all agreed to wear Auld Scotland to show our mutual support for each other, does that make us a clan? And if so, does that finally preclude others from wearing Auld Scotland without our newly formed clan’s permission? Or by another example, what if I too wanted to use Black Watch for my family instead…
Perhaps a bit tongue in cheek, but on a serious note, at what point does a pattern of colors become the implied (or explicit) possession of a group of people such that social pressure excludes others from wearing it without permission? As noted, there is not a restriction on most tartans so no legal rights actually exist.
(Side Note: For restricted tartans and those with copyright owners clearly there is a legal right to ownership and therefore this topic is null and void)
Granted, there are those here that will respond with, “Then just wear what you want and don’t bother with what others think.” Fair enough, but I am merely striking up a conversation (I already have “my” tartan and kilt) for the sake of academic discussion.
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