Commissioning another company's sword: legal or not?
Dec 20, 2010 20:10:46 GMT
Post by CivilSavage on Dec 20, 2010 20:10:46 GMT
I'm going to wade in on this one...like what has been mentioned above, any sword design based upon a historical piece, quite frankly, is well within the public domain. Take viking era swords as an example, Albion makes a blade called the "Hersir' of which most of you are familiar. The hilt is classified using Petersen's typology, hence a type 'H'. The blade follows the typology set down by Geibeg, so it is following the form of a type 2. Guess what? If I choose to have made a type H with a Geibeg 2 blade it is PERFECTLY legal and ethical to do so. No one can own the rights to that. The same goes for any other blade based on a historical find or categorization. Even very 'recognizable' swords like the "Clontarf" which is based on the Ballinderry bog find in Ireland is not exclusive. What is however, is the original molds, waxes and such that are material and intellectual properties of the holding company. Meaning you couldn't attempt to make a casting from a mold that was produced by Albion, Arms and Armor, Hanwei or others. You could however, have your OWN wax original made, molded and cast independent of anyone else.
Even the Svante sword is not protected in any exclusive manner. What is, is the data rendered by Peter Johnsson in his research and how it is applied to the CNC programming for the blade as well as his wax originals of the hilt components. Considering the basis for the Svante is derived from Peter's research thesis and exhaustively detailed...$3500 is not that much. If Peter were willing, and you commissioned him to make it I dare say it would cost you a whole lot more than $3500. No other smith is going to come close to be very honest, not for that price. You may very well get something 'similiar' but not exacting without hands on research. All of the Museum Line are derived in the same fashion. I'd also add that the Svante should not be considered a 'production' sword. It is a misnomer that a blade produced via a CNC is somehow an assembly line item. Albion swords certainly are not, their is 80% more hand work done than any other phase of their creation. The Museum Line more so, as they require a 'custom' fit form and dynamic to match the original research.
The Next Gen swords, while distinctive in the case of some models (obviously some are more iconic than others), Caithness, Sovereign, Yoeman, and the like they might fall a little more under the ehtical bias. This may seem odd, but these swords, while based on the typologies and character of surviving pieces, are in some ways aesthetically unique. The eye of a specific artisan is the filter source for the final design product. On these I would tread carefully. Other's in the Next Gen line are as basic as they can come(The Norman, Hospitaler, Templar, etc.). The designs are common historically so these I would find less so. This is MHO in a nutshell.
Finally, IMO, I would save my money for the Albion version, not because of ethics, but because it is the best version.
Even the Svante sword is not protected in any exclusive manner. What is, is the data rendered by Peter Johnsson in his research and how it is applied to the CNC programming for the blade as well as his wax originals of the hilt components. Considering the basis for the Svante is derived from Peter's research thesis and exhaustively detailed...$3500 is not that much. If Peter were willing, and you commissioned him to make it I dare say it would cost you a whole lot more than $3500. No other smith is going to come close to be very honest, not for that price. You may very well get something 'similiar' but not exacting without hands on research. All of the Museum Line are derived in the same fashion. I'd also add that the Svante should not be considered a 'production' sword. It is a misnomer that a blade produced via a CNC is somehow an assembly line item. Albion swords certainly are not, their is 80% more hand work done than any other phase of their creation. The Museum Line more so, as they require a 'custom' fit form and dynamic to match the original research.
The Next Gen swords, while distinctive in the case of some models (obviously some are more iconic than others), Caithness, Sovereign, Yoeman, and the like they might fall a little more under the ehtical bias. This may seem odd, but these swords, while based on the typologies and character of surviving pieces, are in some ways aesthetically unique. The eye of a specific artisan is the filter source for the final design product. On these I would tread carefully. Other's in the Next Gen line are as basic as they can come(The Norman, Hospitaler, Templar, etc.). The designs are common historically so these I would find less so. This is MHO in a nutshell.
Finally, IMO, I would save my money for the Albion version, not because of ethics, but because it is the best version.
