Harold,

You are correct that the crest is the property of the Chief. But we are talking about the artwork. Specifically the way the Chiefs crest is drawn and the belt and buckle surrounding the crest that denotes Clansman. That artwork was done by Romilly and is owned by Gaelic Themes.

It is the art work that can be protected under copyright to the artist and the artwork copyright holder. The Standing Council of Scottish Chiefs commissioned Romilly Squire to render the Clan Crest series that they use. The way the Chiefs crests are rendered is artistic and the Chiefs approve but do not own the artwork.

There are many ways to draw a boars head or a sword. There are many belt and buckle designs out there. All I am reminding everyone is that this particular designed is owned by someone. It should not be used without permission.

Permission is usually easily obtained. For example I asked for, and received permission, to use this particular design when I designed the X Marks Crest Cap Badge. All it took was a courtesy email asking for permission.