User:SMcCandlish/Templates/McCandlish Tartans License

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Copyright McCandlish Tartans License

Copyright 1992, 2020 Stanton W. F. McCandlish. The copyright holder of this McCandlish Tartan image has released it under a permissive but specific license which allows anyone to use it for any purpose, including commercial, and without providing attribution or seeking permission – with the single restriction summarized below.

Restriction: This work may not be misrepresented as the tartan of another family name, only as McCandlish or a related name (McCandless, Caundlish, McCanlies, Quinlish, Conlisk, etc. – any name derived from Old Irish Cuindlis/Cuindilis/Cuindlaes); nor as the tartan of an organisation of any kind other than a family association of such a derived name; nor as the tartan exclusively of a specific individual. I.e., this tartan may not be usurped. Aside from this specific image file, the design itself, and the underlying thread count (textile specification) are copyrighted, and registered originally with the Scottish Tartans Authority, and since 2009 also with the official Scottish Register of Tartans. Attribution, captioning, labelling, or other identification is not required, but when given must identify the author, the author's surname, or any attested variant of the author's surname.

Not restricted: Just to be clear, the tartan and images thereof may be used without any name at all; identifying it as McCandlish or a variant thereof is not required; only misidentifying it as someone else's tartan is prohibited. Derivative works that are sufficiently different in design (as defined by the Scottish Register of Tartans) are not subject to the above restriction. For example, if you like the color scheme, you are free to rework this tartan into one for your own family by changing the width and arrangement of lines into a new ratio; similarly, you could keep the linear layout but use purple and orange. The only reserved color/line design combinations under this license are those registered as McCandlish or related tartans at the Scottish Register of Tartans [permalink], with approximate color values and exact line ratios.

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This user license is compliant with the Commons:Licensing#Acceptable licenses criteria:

  1. Republication and distribution must be allowed.
  2. Publication of derivative work must be allowed.
  3. Commercial use of the work must be allowed.
  4. The license must be perpetual (non-expiring) and non-revocable.
  5. Acknowledgment of all authors/contributors of a work may be required.
  6. Publication of derivative work under the same license may be required.
  7. For digital distribution, use of open file formats free of digital restrictions management (DRM) may be required.

The purpose of the license is to thwart one particular kind of failure of "acknowledgment of authors", in which elements within the textile industry steal a design they like from one creator and small clan/family thereof, then attribute it to a more numerous clan/family (implying or even falsely stating creation by its clan chief or family association), in order to sell more tartan cloth and more kilts. Attribution of images under this license is actually much more broadly permissive than usual: it does not have to be attributed to a particular individual author, just to a particular family name (under any spelling thereof); or it may be left unattributed entirely. It simply cannot be falsely attributed to another individual, organization, or family name.

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