mmd
08-30-2003, 12:59 AM
Since most here enjoy the parry and thrust of good debate, but seem to find it difficult to find a topic other than American politics to exercise upon, I thought I'd toss a boat-related and current subject into the ring for a few rounds. A court case is brewing in Halifax over the Bluenose II that balances on an interesting point - who owns the rights to the image of the Bluenose II? Let me explain ...
History
The Bluenose II was built in 1963 by the Olands family, brewers of Schooner brand beer. They wanted the boat to promote the beer and to provide a corporate and private yacht. After a few years of this, the Olands decided to cease ownership of the ship and sold it to the Province of Nova Scotia for a dollar.
Old-time fishing schooners had a life expectancy of twenty or thirty years. Bluenose II has been sailing for almost twice that time, and during her lifetime her maintenance sometimes suffered at the hands of governments that wanted to cut costs. She finally reached a point a few years back when it came time to decide whether to scrap her or rebuild her. This was a hot topic for a while, but it was finally decided to rebuild her.
A public trust - the Bluenose Preservation Trust - was set up to raise money for the rebuild, oversee the reconstruction, and to administer the operations of the ship after her re-launch. They were charged with the on-going day-to-day operations of the ship, as well as to raise funds for the eventual replacement of the ship with a Bluenose III. The Trust gets an annual budget from the province to run the ship, and they raise money for the savings account through chartering the ship, selling memorabilia, and soliciting donations. The province wanted out of the ship business, and the Trust was set up to take care of it for them.
The Current Situation
A tourist-oriented business in Halifax has been marketing "images" of the Bluenose II (I'm not sure what the "images" are; I suspect photographs, tee-shirts, mugs, etc.), but has not received permission from the Bluenose Preservation Trust to do so. The Trust feels that this is infringing on their sole right, as the administrators of the ship, to market the Bluenose II, images included. The Trust told the business owner that he must pay a licensing fee to use the image of the ship, but he has refused. They want the Provincial Solicitor General to place a cease-and-desist order on the touristy business under threat of possible criminal charges. The business owner says that the image of the ship is as much public property as Government House and the Peggy's Cove lighthouse and therefore open for exploitation by the private sector. The Trust maintains the position that they, as administrators of all the affairs of the ship, must protect and exploit all sources of revenue from the ship, including commercial distribution of her image, to ensure adequate funds for the maintenance and eventual replacement of the ship.
The Question
Should the commercial useage of the image of the Bluenose II be free to all who wish to make money from her, or should the Trust be able to collect licensing fees from all who intend to profit from the use of her image in order to maintain funding for her?
History
The Bluenose II was built in 1963 by the Olands family, brewers of Schooner brand beer. They wanted the boat to promote the beer and to provide a corporate and private yacht. After a few years of this, the Olands decided to cease ownership of the ship and sold it to the Province of Nova Scotia for a dollar.
Old-time fishing schooners had a life expectancy of twenty or thirty years. Bluenose II has been sailing for almost twice that time, and during her lifetime her maintenance sometimes suffered at the hands of governments that wanted to cut costs. She finally reached a point a few years back when it came time to decide whether to scrap her or rebuild her. This was a hot topic for a while, but it was finally decided to rebuild her.
A public trust - the Bluenose Preservation Trust - was set up to raise money for the rebuild, oversee the reconstruction, and to administer the operations of the ship after her re-launch. They were charged with the on-going day-to-day operations of the ship, as well as to raise funds for the eventual replacement of the ship with a Bluenose III. The Trust gets an annual budget from the province to run the ship, and they raise money for the savings account through chartering the ship, selling memorabilia, and soliciting donations. The province wanted out of the ship business, and the Trust was set up to take care of it for them.
The Current Situation
A tourist-oriented business in Halifax has been marketing "images" of the Bluenose II (I'm not sure what the "images" are; I suspect photographs, tee-shirts, mugs, etc.), but has not received permission from the Bluenose Preservation Trust to do so. The Trust feels that this is infringing on their sole right, as the administrators of the ship, to market the Bluenose II, images included. The Trust told the business owner that he must pay a licensing fee to use the image of the ship, but he has refused. They want the Provincial Solicitor General to place a cease-and-desist order on the touristy business under threat of possible criminal charges. The business owner says that the image of the ship is as much public property as Government House and the Peggy's Cove lighthouse and therefore open for exploitation by the private sector. The Trust maintains the position that they, as administrators of all the affairs of the ship, must protect and exploit all sources of revenue from the ship, including commercial distribution of her image, to ensure adequate funds for the maintenance and eventual replacement of the ship.
The Question
Should the commercial useage of the image of the Bluenose II be free to all who wish to make money from her, or should the Trust be able to collect licensing fees from all who intend to profit from the use of her image in order to maintain funding for her?