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Holy See Declares a "Unique Copyright" On the Pope 447

Posted by kdawson
from the vatican-rag dept.
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).

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Holy See Declares a "Unique Copyright" On the Pope

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  • Re:Scope (Score:3, Informative)

    by The Snowman (116231) on Monday December 21 2009, @12:24AM (#30508990)

    Well okay but where does this apply, other than in the Vatican?

    In any organization connected to the Catholic church. This includes various parishes around the nation, high schools, some colleges, and any student or teacher organizations that are part of those. For example, a student-run newspaper at a Catholic university such as Notre Dame would be restricted in their use of papal symbols.

    Even ignoring the fact that the U.S. does have treaties with the Vatican and would uphold their copyrights in court, a Catholic organization would suffer far more damage by being cut off from the church (i.e. excommunicated).

    Disclaimer: I am Catholic and this does not bother me.

  • by Achromatic1978 (916097) <robert@@@chromablue...net> on Monday December 21 2009, @12:30AM (#30509032)

    unless of course they are declaring Papal supremacy

    Supremacy? No, but they do claim infallibility. From WP:

    Over the centuries, popes' claims of spiritual authority have been ever more clearly expressed, culminating in the proclamation of the dogma of papal infallibility for rare occasions when the pope speaks ex cathedra (literally "from the chair (of Peter)") to issue a solemn definition of faith or morals.[2] The first (after the proclamation) and so far the last such occasion was in 1950, with the definition of the dogma of the Assumption of Mary.

    PS: Slashdot, fix the fucking comment box.

  • WTF? (Score:4, Informative)

    by stonewolf (234392) on Monday December 21 2009, @12:49AM (#30509130) Homepage

    Who do they think they are, god?

    Stonewolf

  • by cusco (717999) <brian.bixby@nOsPAm.gmail.com> on Monday December 21 2009, @01:21AM (#30509276)
    Papal infallibility was only declared in the 1890s at the First Vatican Council. Prior to that the pope was just a man.
  • Re:Interesting idea. (Score:2, Informative)

    by sdiz (224607) on Monday December 21 2009, @02:04AM (#30509462)

    Romain 1:26 For this cause God gave them up unto vile affections: for even their women did change the natural use [chresis] into that which is against nature.

    The term /chresis/ has the force of 'sexual relations' here (L&N 23.65).

  • Re:This definitely (Score:1, Informative)

    by Anonymous Coward on Monday December 21 2009, @02:54AM (#30509642)
    Not according to a lot of Protestants they're not. Something about going to hell for praying to statues.
  • Re:This definitely (Score:5, Informative)

    by Penguinisto (415985) on Monday December 21 2009, @03:23AM (#30509730) Journal

    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 [reference.com] (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.

  • by Seraphim_72 (622457) on Monday December 21 2009, @04:09AM (#30509888)
    Hyperventilate much?

    Per your link
    • It had revenues of ~380 million last year. Bill Gates made that brushing his teeth last month.
    • Sure it has a military - on loan from a neutral country. They aren't going to be invading anyone any time soon.
    • Yes it has it's own economy - so does Sioux Falls South Dakota. Whoopee!

    In fact if you want to run the numbers there is about 2 billion flowing through Souix Falls South Dakota in a year. And they have a larger military footprint.

    OMG! How in the heck can a ...erm... Dakota do this?

    Stop being offended because it has a cross on it. You are becoming the thing you purport to hate.

  • Re:This definitely (Score:4, Informative)

    by testadicazzo (567430) on Monday December 21 2009, @04:42AM (#30510024) Homepage
    This isn't a copyright claim (the headline is completely wrong). It's a trademark claim. Copyright is a TEMPORARY restriction to free speech to encourage creative works. Even though Disney et al have been expanding copyright lengths to keep from returning their copyrighted material to the public domain (where it belongs), copyright lengths are still less than a hundred years. So even if they wanted to, they couldn't make a copyright claim on stuff that's more than a thousand years old. Trademarks are a different story.

    The distinction between copyright, trademark, and patent law is important in todays information wars.

  • Re:This definitely (Score:4, Informative)

    by Achromatic1978 (916097) <robert@@@chromablue...net> on Monday December 21 2009, @04:46AM (#30510044)

    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.)

    It is somewhat unsurprising that a Catholic is blissfully unaware that nowhere in the New Testament is there any mention of Peter being named to this office, that Jesus even established the Papacy, or that Peter was even regarded as a bishop.

    Most references only discuss the concept of Peter being in that role from about the 4th century AD, and indeed the Catholic church had to issue a document in the 1960s to codify this belief as dogma.

  • by Fished (574624) <.moc.liamg. .ta. .yrogihpma.> on Monday December 21 2009, @08:11AM (#30510884)
    Disclaimer: I have a Ph.D. in New Testament, so I know of what I speak. While the Greek Text itself is not (technically) copyrighted in certain forms, the specific arrangement of the Greek Text known as the "UBS4" that is the basis of all modern translations IS copyrighted. And the copyright is enforced. That is why I said "critical edition" or something along those lines in my original post.
  • Re:This definitely (Score:3, Informative)

    by mwvdlee (775178) on Monday December 21 2009, @09:03AM (#30511104) Homepage

    i stated nothing that cannot actually be backed up fully and entirely by very learned men with a VAST amoutn on knowledge which you clearly are not in posession of.....

    Then perhaps you should give it to them, so they can learn for themselves.

  • by Stormy Dragon (800799) on Monday December 21 2009, @11:04AM (#30512154) Homepage
    From Weekend Update in 1979 [jt.org]:

    Father Guido Sarducci: It was. It was a real thrill, Bill. It was just terrific. But now I'm a little down. I have what my psychiatrist calls "post-papal depression." ... Was such a high, you know, bein' on that tour and now it's over. Only thing I didn't like about the tour was the merchandising. They had, like, Pope T-shirts, Pope buttons, posters, banners, anything you can think of. You know, you can call me anti-materialistic if you want to but I just don't think it's right for somebody to make a T-shirt, put a person's picture on it, and then not to give that person part of the percentage of the profits. ... I mean, look at this. It's amazing. [holds up a Pope T-shirt] If you buy T-shirt like this, it's not just for the T-shirt you buy it -- it's because the Pope is on it. If you just want a T-shirt, you can go to J. C. Penney's 'stead of going through all the traffic and crowds. But the Pope, from this T-shirt, I'll tell you what he got. He got absolutely zero. It was a rip-off. First, they did it to Mr. Bill, now the Pope. ... [applause]

  • Re:This definitely (Score:4, Informative)

    by orzetto (545509) on Monday December 21 2009, @11:33AM (#30512454)

    1) The whole story/argument/whatever is based on an organization that literally invented a little something called an imprimatur [reference.com] (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).

    Italian guy here. Studied what an imprimatur was and its implications in literature in high school. In Galileo's times, imprimaturs ("be it printed", Latin) were necessary to print books in several areas of Italy, including, of course, the Papal States and all states that cared about good relationships with Rome. Therefore, obviously had Galileo to falsify one to publish a book, he would not have been able otherwise.

    On the other hand, imprimaturs were widely recognised as marks of bad quality publications. They caused the same reaction that a label reading "this videogame has been approved by the Christian union of concerned mothers" would today.

    No book worth reading has ever received the imprimatur, to my knowledge.

  • by txwikinger-slashdot (1664887) on Monday December 21 2009, @12:52PM (#30513492)

    The Vatican is not part of the EU, but has a special agreement with the EU to i.e. use the Euro.

    The Vatican could very likely not join the EU due to several obstacles. The EU is based on a separation of Church and State, however 5 member states have a State Church. However, far more important, religious discrimination is unlawful within the EU. Hence, as long as offices and jobs in the Vatican require the holder to be a Catholic, the Vatican would have tremendous problems complying with all EU law that would be required in that case.

    I do not think the Vatican could get an exception like the UK get a lot of exceptions, since the discrimination in in the preamble of the Treaty of Rome and hence probably it is impossible to exempt from them.

  • by DragonWriter (970822) on Monday December 21 2009, @01:55PM (#30514372)

    Why is everyone referring to this as a copyright? It sounds more like the Vatican is protecting their trademark (the Pope).

    This is neither trademark nor copyright, it is a statement of Church policy [vatican.va], and possibly a clarification of a particular application of a provision of Canon Law [vatican.va] that deals more with the organizational integrity of the Catholic Church than anything else.

    It has nothing really to do with copyright or trademark, but this is Slashdot, so things unrelated to IP law in general and copyright in particular get shoved into those frames anyway.

  • Re:This definitely (Score:3, Informative)

    by shutdown -p now (807394) on Monday December 21 2009, @02:10PM (#30514570) Journal

    If they claim they aren't Christians, then they aren't Catholic either.

    In any case, there's one simple test to determine whether someone is a Christian or not - Nicene creed (yes, there is more than one version; I'd consider a person accepting any one currently in use a Christian).

  • Correction (Score:3, Informative)

    by Roger W Moore (538166) on Monday December 21 2009, @10:29PM (#30519624) Journal

    The first two having apostolic and historic roots (ie go all the way back to apostles and first Christians) separated in 1054.

    Actually all three branches have apostolic roots the only difference being that the Orthodox schism happened earlier than the Protestant one. Anglican bishops still trace their lineage back through the Catholic church to the apostles.

  • Re:Correction (Score:3, Informative)

    by Roger W Moore (538166) on Friday December 25 2009, @04:54PM (#30552518) Journal

    Anglicans have, as I understand, nullified their priesthood after their separation

    Not really - the Catholic church "nullified" the Anglican priesthood after separation however Anglicans do not acknowledge that as valid. Historically there is evidence to show that the chain of laying on hands from bishop to bishop back to the apostles is at least as unbroken as the Catholic chain.

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