Compendium of U.S. Copyright Practices, 3rd Edition

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314 Use of Protected Names, Characters, Slogans, Symbols, Seals, Emblems, and Insignia

 

314 Use of Protected Names, Characters, Slogans, Symbols, Seals, Emblems, and Insignia

 

Occasionally, the U.S. Copyright Office receives works that contain names, characters, slogans, symbols, seals, emblems, or insignia that may be restricted by federal law, such as “Olympic,” “Smokey Bear,” “Woodsy Owl,” “Give a Hoot, Don’t Pollute,” the 4-H Club Emblem, or the sign of the Red Cross. See, e.g., 18 U.S.C. §§ 700-716; 36 U.S.C. § 220506.

 

If the work contains a sufficient amount of original authorship and if the federally protected material has been excluded from the claim, the registration specialist may register the claim without communicating with the applicant. By contrast, if the specialist is aware that the work contains federally protected material that has not been excluded from the claim, the specialist may notify the applicant that the material appears to be restricted and may ask the applicant whether that material has been used in a lawful manner.

 

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