About Copyright Issues
About Emblem Products
About the Emblem Project
About The BDSM Emblem
Why does the BDSM Emblem look like a Celtic Triskele
(or some other ancient symbol I've seen)
Initially, because the Emblem drew its inspiration from the symbol in the
rings worn in the book, The Story of O, which appeared to be described
as Celtic Triskele. Furthermore, its resemblance to several other symbols
provide it with camouflage. There is no reason for potentially
hostile members of the vanilla public to suspect the Emblem's meaning
because its similarity to other familiar designs makes it easily pass as
just some pretty decoration.
What is the purpose of the Emblem?
The Emblem is meant to be a way for BDSMers who fear persecution to quietly,
discretely, and secretly identify themselves to each other even in a potentially
hostile vanilla environment.
What does the Emblem symbolize?
You can find a detailed description of the Emblem's symbolism on the page
What does the BDSM Emblem mean?
Does it matter if I change the colors or design
for my own use?
As is clear from the number of design variations already out there on the
Web, there are no "BDSM Emblem Police" forcing people to remain true to the
original and official design. But it does matter, and there is a price to
pay for variation. First, and more philosophically, each element of the Emblem
has a symbolic meaning (see the question above). If you change an element
of the design, you remove an element of meaning. The second disadvantage
is entirely pragmatic and therefore more important for you who use the Emblem
for its intended purpose: When you change the design, it may not be the BDSM
Emblem anymore. For example, imagine that you see a person wearing a shirt
with what may be the Emblem on it. Only the rim and spokes are blue, the
inside fields are red, and the holes are yellow dots. Is this a BDSMers wearing
the Emblem in the colors of his local BDSM club? Or is it instead a member
of the Greater Foosville Celtic Design Society? Or a student of the Han Lee
Lipschulz Martial Arts School? How can you possibly know? Well, you can't.
It's the general design that allows the Emblem to be used as a covert identifier
in public, and the details that allow other BDSMers to identify it for what
it is. It's a sad fact that right now there are people walking around wearing
what they believe are BDSM Emblem tattoos, but, because they made changes,
they are actually wearing the emblem of an Okinawan school of martial arts
or the symbol of a style of Buddhist drumming. Make changes at the risk of
interfering with its usefulness. For more information, see
What is and is not the BDSM Emblem.
How about a version for Dom/mes and a version
for subs?
On that path lies madness. This is the lesson we learned from the Gay Leather
Hanky Code. It was
a great idea--hankies of different colors in different pockets to let others
know what you're into. It started out simply with a few colors covering the
basics. But soon folks were adding variations for their own favorite kinks,
until it got to the point where a red hanky with alternating 1/2-inch wide
blue stripes and 1/4-inch orange polka dots, hung from the right pocket,
corner out, indicated a submissive who wanted to be tied up and tickled with
ostrich feathers dipped in turkey gravy by an 50-plus-year-old hairy
man dressed as a poultry inspector and speaking in a French accent.
Okay, I exaggerate. But just a little. So we were certain that if we do a
version for Dom/mes and one for subs, then next would be one for switches.
And before long there's the version for women who submit to other women as
long as they're redheads in kneeboots but dominate younger bi men through
spankings and enforced feminization only, with no sex but lots of whipped
cream. So we kept it simple. One design. It means "Hi there, I'm into BDSM
too!" Then you can talk to each other if you like and discuss what you're
into.
Is there a way to wear the Emblem to indicate
if you are Dom/me or sub?
There's always the old convention of left for Dom/mes and right for subs,
which could work well with Emblem rings, pins and earrings. But that isn't
part of any set of "Emblem rules." F'rinstance, even though I'm a Dom, I
choose to wear my Emblem ring on my right hand. And my sub wears hers on
her left. I try to keep Emblem Usage as rule-free as possible without
jeopardizing its usefulness. Not that I can dictate how you wear yours anyway
-- or that I'd even want to.
What is the difference in meaning between the
BDSM Emblem and the
Leather Pride
Flag?
Other than the fact that the two look very different and have different symbolic
elements, the two symbols both mean almost the same thing. At base,
they both mean "Hi There! I'm into BDSM!" The difference is that the Flag
is an overt symbol while the Emblem is covert. The Flag is a shout and the
Emblem a whisper. The Flag is for the out and proud to declare their interest
to the world and the hell with anybody who doesn't approve. The Emblem is
a quiet, secret, discrete identifier for those who feel they cannot or should
not be out to the public about their BDSM interest. It would be very nice
if society improved in tolerance to the point where the Emblem would no longer
be necessary for its intended purpose. I'm not holding my breath.
About Copyright Issues
What limits does the copyright put on my using
the Emblem?
Under copyright law, the holder of a copyright to a piece of artwork
has the exclusive rights to reproduce the work, prepare derivative works
based upon the work, distribute copies of the work to the public (whether
by sale, rental, lease, or lending), and to display the work publicly.
Technically, that means I can do all those things and you can't without my
permission. However, I have publically released certain of
those rights to a limited degree. In short, I have made the Emblem freely
available for all non-profit cultural, educational and artistic
use within the BDSM community. So if you want to use the Emblem for a cultural,
educational or artistic purpose, and you're not making any money from the
use, you don't even have to ask my permission -- go ahead with my blessing.
Why do you keep your copyright to the
Emblem?
When Tony DeBlase created the Leather Pride Flag, he released it to the public
domain so that anyone could use it for free. So why haven't I done the same?
Primarily because the Emblem fulfills a very different purpose than the Flag
(see What is the difference in meaning between the BDSM
Emblem and the Leather Pride Flag, above). Since the Emblem is intended
to be a discrete symbol, and only for BDSMers, there are two things none
of us want: 1) for the Emblem to turn "cool" start tuning up on T-shirts
sold at Sears so that it loses its identification value, and 2) for it to
be used in a way that broadcasts its meaning to the world. Among the many
requests I've received for permission to use the Emblem, there was one from
a couple who were trying to create and market an adult novelty game, and
they wanted to use the Emblem for BDSM elements. Very Cool! I wish them well
on their efforts. But none of us want the symbol to be outed in a game anybody
could pick up in Spencer's Gifts. Another fellow wanted permission to use
the Emblem on the cover of his novel. It looked like a great book and was
well received by people in the scene who had read it. His publisher was going
to give the book a really big push. I hope it sells zillions and makes him
a lot of money. But we do not want the Emblem outed in every Barnes &
Noble, Borders and Walden Books in the nation. Because I retained the copyright,
I was able to block those uses.
Can you copyright a design based on a symbol
hundreds of years old?
Yup! Okay, obviously I can't claim copyright to each and every use of the
Celtic Triskele. Just like nobody could claim a copyright to a circle. But
if you created a design that incorporated a circle in a very specific way,
along with other elements, you could copyright that. The Emblem uses the
Celtic Triskele shape along with other elements of color and design in a
unique way. That makes it copyrightable.
Can I use the Emblem on my Web page or in my
BDSM organization's publications?
I'd say that falls under non-profit educational, cultural or artistic use.
As long as its not a for-profit venture, go ahead. For guidelines on Web
page use, see Information for Webmasters.
Can I have a leather worker or jeweler I know
make me an Emblem item without violating copyright?
The issue here is that making the item is a for-profit effort on the part
of the jeweler or leather worker, but not for you. Legally, this requires
getting my permission. If this is a one-time product (your jeweler or
leatherworker is custom-making just the piece you asked for and is not putting
others like it up for sale), just write
me and ask permission. You'll get it. If the craftsman involved also
wants to make more and put them on sale, have him get in touch with me and
we'll work something out. (see How can I get permission
to use the Emblem on items I make and sell commercially?)
Can I make an Emblem item for my own personal
use without violating copyright?
If your personal use qualifies as being cultural, educational or artistic,
go right ahead. Otherwise, write me
for permission first. As long as it's for your own personal use and it's
not a commercial venture, I'll say yes.
I want to wear a BDSM Emblem as a tattoo. Is
that a copyright violation?
I consider that an artistic use. Go right ahead. On the other hand, if your
tattoo artist is advertising the design without a license from me (and so
far, I have no licensing arrangements with tattoo artists) have him write
me at Quagmyr@aol.com to get one. That protects us both.
I'm a jeweler/leather worker. A customer asked
me to make them an item with the Emblem. Can I?
As long as the request is customer-driven, and this is a one-time-only product,
all you have to do is write me and ask
for my formal permission. I'll say yes, no problem. If you're going to want
to make more of that item and add it to your regular sales stock, see
How can I get permission to use the Emblem on items I make
and sell commercially?, below.
Can I produce an Emblem article as a fund-raiser
for my non-profit BDSM group?
Probably, but you will need official permission first.
Write me and tell me about it. I may
have a condition or two in order to protect the Emblem, but several groups
have asked me for permission to do such a thing and I haven't turned any
down yet.
How can I get permission to use the Emblem on
items I make and sell commercially?
Write me and tell me what you want to
do and we'll work out a licensing arrangement. My concerns will be that you're
producing a good quality product and that you're using the Emblem in the
way it was meant to be used, and not in any way that will jeopardize its
usefulness to the BDSM community. As long as those concerns are met, licenses
are easy to get and border on the dirt cheap.
About Emblem Products
Why don't you offer things like collars?
Those may become available one of these days. However, the first priority
is the create products that best allow the Emblem to do the job it was created
to do -- to allow BDSMers to quietly, discretely, and secretely identify
themselves to each other even in a potentially hostile vanilla envornment.
So the emphasis is on products that can be used in public without raising
eyebrows.
How do you determine what products to
offer?
I use highly sophisticated market research and carefully designed mathematical
formulas . . . . Okay, you can stop rolling on the floor laughing now. Mostly,
I read my email and see what folks tell me they want to buy. I weigh that
against such questions as "Is this product one that allows the Emblem to
do the job it was created to do?" (see above), "Is this something that I
think a lot of people will really want?" "How expensive will it be to develop?"
"Can I get it done inexpensively enough that I'll be able to offer the finished
product at a reasonable price?" and "Will I be able to store the stock without
having to move to a bigger house?" Then I try to develop the products in
the order that seems to make the most sense at the time -- depending on the
available development funds and my best guess as to what will be most in
demand.
I have a great idea for an Emblem
product...
Great! Write me and tell me about it!
About the Emblem Project
What is the purpose of The Emblem
Project?
The Emblem Project was initially created (long before it had any sort of
name) to come up with and produce a pin that could be worn by BDSMers to
discretely identify themselves to each other even in a potentially hostile
vanilla environment. That story is told in the Emblem
Project History pages. With that goal met, the Emblem Project today exists
to promote the Emblem within the BDSM community, to develop new and better
products that allow the Emblem to fulfill its purpose, and to make those
products available to BDSMers world-wide.
Is the Emblem Project a non-profit organization?
No. I run The Emblem Project through my regular business and pay taxes on
whatever profit the Project makes each year. Project funds are kept separate
from the rest of my business, however.
How are Emblem Project profits used?
To date, almost all profits have gone back into the Project. They are used
to develop new products, to increase the size of orders from manufacturers
in order to get better buys and thus avoid the need to raise prices annually
(and more than once allow for price decreases), and to promote the Emblem.
Of late, little of the latter has been necessary but it still gets done here
and there. A small percentage gets filed away into an emergency fund in case
I ever have to sic my lawyer on copyright violators who might ruin the Emblem
for us all. A little goes to me as a token payment for running the operation.
At present, I "pay" myself in the form of buying myself a nice lunch out
or a new magic trick to add to my repertoire now and then. It's been a long
time since I bothered calculating how much I "made," but back then it was
so far below minimum wage that it made flipping McBurgers look like the fast
track to early retirement. The amount is higher today, now that the Project
is more active than ever before, but it still isn't much. I do freely admit,
however, that I hope to someday be able to pull more money from the Project
in order to spend more time working on it without having to sacrifice such
luxuries as making house payments, paying the dogs' veterinary bills and
eating.