who "owns" a tartan?

[David Thorpe]

...exsample # I bought a kilt in Acrylic from clans men knitwear and they called it -
Ancient Ferguson and in fact it was different -Organge was bright hunter Organge.
and the measurement of line to line was off .

So be carefull what you buy from whom. I was happy thinking I was getting my family kilt
But got a knock off

Sett size varies with fabric weight. Lighter fabrics have smaller sett size due to thinner threads. Colors can vary from mill to mill weaving the same tartan. Neither necessarily makes it a "knock off" -- just an understandable variation. If the proportions or pattern of the sett are different, then it is a different matter entirely.

[Thomas H]

Sett size varies with fabric weight. Lighter fabrics have smaller sett size due to thinner threads.

OK Thank you - I was wondering about that -Sett size was bigger due to the Acrylic heavy
weight .

i am goint o get it from Mortin Mills one day -in Wheathered PV instead

[Spartan Tartan]

As the OP pointed out most tartans are not restricted and do not require anyone's permission to wear. When someone starts a thread asking about tartan wearing convention I assume they are looking for some level of reassurance to help them feel comfortable with their tartan selection. Xmarkers tend to reassure the poster in predictable ways such as wear what you want and don't worry about it, have a story to tell about the tartan, or get the Chief's permission. In my opinion these threads are much more about the confidence of the new kilt wearer and not really about legal standing.

good point and I wouldn't discourage people from asking either.

[Spartan Tartan]

As I understand it (and I readily admit I may not be entirely accurate) many tartans reflected different regions and variations of dyes etc. At some point various clan chiefs appointed a tartan to be the one appropriate for the clan, in some cases this was registered with Lord Lyon.

As you have mentioned there are those that are designed and registered as restricted tartans and presumably their designer or the person who commissioned the design is the legal owner. Otherwise tartans can be lawfully used by anyone.

So yes you could adopt a tartan, however, adopting a tartan with an established history/purpose I would imagine woud prevent it from becoming exclusively your clan's tartan specially in these litigious times. One might also ask why not just design a new tartan and register it as a restricted taran?

In any case adoption of a tartan or not, I think unless you register it as restricted when you design it there is no precluding others from using it so it becomes a moot point.

The social pressure you mention is a kind of etiquette in certain circles....... No one is forced to do it but neither can one expect to be accepted in those circles if they choose not to. The 'pattern of colours' isn't just a pattern of colours, it has a meaning/heritage/symbolism attached. It represents groups of people and the events of their lives......From an academic point of view I would guess that designing a tartan and having it associated with a group of people for several hundred years without a more substantial association to the same pattern and voila...... People will expect only people of that group to wear it in certain circles .......seems easier to just design and register a new tartan as yours with full legal ownership rights.....

I think you nailed the social pressure piece. meaning that hundreds of years of affiliation sort of creates that implied ownership.

so then, as you say, why NOT just create one's own tartan if none hit the mark? Set aside financial concerns for the sake of discussion...

[Spartan Tartan]

That process is much easier than it might seem. Scotweb has an excellent tartan design tool set. And Marton Mills, for one, will weave whatever you want very inexpensively in 13 or 16 oz. wool or PV, provided you can get several of your friends and/or kinsmen to get together with you for an order. I am part of such an order right now for one of our clan tartans in PV.

exactly!

[McElmurry]

good point and I wouldn't discourage people from asking either.

I agree and I hope we keep answering them even though it becomes repetitive. In a recent post I mentioned the write the chief option not because I feel it must be done but because some posters may want that level of assurance; whatever it takes to put a bit of swish in their selvedge.

[ScotFree]

<snip> whatever it takes to put a bit of swish in their selvedge.

Like how you put this, may I quote you?

[Spartan Tartan]

A little extra swish in theor selvege! I like it

I don't disagree that certainly would quell any inquiries from challengers.

However, if it is so easy to create one's own design, why not do that? Is the market already flooded? Is it cost prohibited? Is it that a rookie kilty is unaware or lacks sufficient understanding to design their own?

[McElmurry]

Like how you put this, may I quote you?

Certainly

[Tobus]

At some point various clan chiefs appointed a tartan to be the one appropriate for the clan, in some cases this was registered with Lord Lyon.

I thought I remembered a statement from Lord Lyon which said that he does not have anything to do with registering, authorising, or granting tartans. I can't find it on the Court's website, though, so I can't back it up with any evidence...