Copyright query (Townland)

Nodster

Can a townland identified on the ordnance map be copyrighted?

Peregrinus

The map can be copyrighted. (And it is; it's copyright of the Ordnance Survey.)

The townland can't be copyrighted. The townland is land. Land can be owned, and copyright is a form of ownership, but it's not a form of ownership that can be applied to land.

(I'm not sure if I have understood your question correctly?)

4ensic15

It is possible the townland name could become a trademark or part of a trademark. It is possible that intellectual property could be created such as Ballymagash Wine or Ballymagash Butter.

Peregrinus

Yes. For example, Kilmeadan is a townland in County Waterford, but it's also the brand-name for a cheddar produced by Glanbia. Glanbia could certainly stop any other cheese being marketed as "Kilmeadan cheese" or anything closely resembling that name, even if it was in fact produced in Kilmeadan.

Mr. Incognito

No.

Geographical places are not capable of being registered as a trademark.

Copyright is an inherent right that exists by the author.

I think you are confused in your terminology.

Peregrinus

Yes, the terminology in the OP is a bit loose. But let's not get hung up on that; I think we're all treating the OP as asking whether someone can have any kind of intellectual property rights in the name of a townland.

The answer is no, not in the name of a townland on its own. But a townland name can certain be included in a copyrighted text (try making a film called "Man of Aran", and see what happens) and it can be or be included in a registered trade mark ("Ballymaloe" is a registered trade mark in Ireland) or in a business name or slogan that can be protected through, e.g., a passing-off action.

Kings Inns or bust

Mr. Incognito wrote: »

No.

Geographical places are not capable of being registered as a trademark.

Copyright is an inherent right that exists by the author.

I think you are confused in your terminology.

Except Ireland has a loose interpretation of that widely accepted practice, although it needs to be well established and part of a larger name like Waterford Crystal for example.

Nodster

Many thanks for the clarifications.

For example if I ran a fun event called 'Ballycraic 10k Fun Run', that could be copyrighted, but therefore no one could copyright the [fake] townland of 'Ballycraic'

Kings Inns or bust

Nodster wrote: »

Many thanks for the clarifications.

For example if I ran a fun event called 'Ballycraic 10k Fun Run', that could be copyrighted, but therefore no one could copyright the [fake] townland of 'Ballycraic'

Copyright is not the intellectual property doctrine you're looking for, it's trademark. It would be impractical to trademark. What you would do if you were arranging a fun run and someone tried to use your good will is seek injunctive relief through the tort of 'passing off'.

Nodster

Confusing myself between copyright and trademark, but I understand your reply - many thanks