Usage of American Flag

[mlm823]

Hello

I've designed a graphic that has the American Flag embedded within the state of Kentucky's outline shape. The client wants to verify that there are no legal issues by using this design for they don't want to be sued. Where would I find information on the use of the American flag in graphics? Or do you know if legally it is okay?

FYI -- This would be for screen-printing use or even awards.

Thanks,

Maranda

[doubting_thomas]

This might help.
http://www.pueblo.gsa.gov/cic_text/misc/ourflag/flaglaws1.htm
Google Search "flag laws" and you'll find plenty more info.

[mlm823]

Thanks for the information!

[Danger_Mouse]

Well, we use the american flag on a daily use. Being a sport apparel manufacturer almost all of our basketball orders (for example) have an american flag on them.

[Riya]

http://en.wikipedia.org/wiki/United_States_Flag_Code

Here you go.

[budafist]

Wow...just in case you're too lazy to click tha Wiki link. You learn something new every day.

The flag should never be used for any advertising (http://en.wikipedia.org/wiki/Advertising) purpose. It should not be embroidered, printed, or otherwise impressed on such articles as cushions, handkerchiefs (http://en.wikipedia.org/wiki/Handkerchief), napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard.

The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, firefighters, police officers, and members of patriotic organizations.

[Drazan]

I do find that completely humorous.

How many thousands of flags are screen printed, altered, used in tattoos, icons, and "made in usa" comps. Especially during the Independence day promotions and celebrations.

I wonder if that law/guide would ever be enforced, unless the end product was criminally used.

[budafist]

No penalty. According to Wiki:

It is title 4 of the United States Code (http://en.wikipedia.org/wiki/United_States_Code): 4 U.S.C. (http://en.wikipedia.org/wiki/United_States_Code) § 1 (http://www.law.cornell.edu/uscode/4/1.html) et seq. These are US Federal law, but there is no penalty for failure to comply with them and they are not widely enforced — indeed, punitive enforcement would conflict with the First Amendment (http://en.wikipedia.org/wiki/First_Amendment) right to freedom of speech (http://en.wikipedia.org/wiki/Freedom_of_speech), as the U.S. Supreme Court has ruled when the subject has come up in the past (http://en.wikipedia.org/wiki/Flag_Desecration_Amendment#Judicial_and_legislativ e_history).

[Ned]

That's American Law for you. One law to say that you can't do it, and another to say that you can't be punished for doing it. :D

[urstwile]

Weird, huh? Why have a law in the first place if they're not gonna punish you for breaking it?

Then again, looking at the current administration especially, I suppose it shouldn't surprise me all that much.

[budafist]

I guess that the law is outdated and there current law enforces really don't find it worth pursuing. Since no one is being punished, then no one is going spend the time to remove this law.

[Riya]

Exactly, there are so many outdated laws on the books that no one knows about, cares about, or enforces. Nothing gets removed unless someone makes a big deal out of it. I recently read something about how they just removed the laws making adultery illegal in some state down south, because some guy's ex-wife was really pushing the state to procecute him.

[urstwile]

Until the Lawrence v. Texas (http://en.wikipedia.org/wiki/Lawrence_v._Texas) decision, there were still 13 states, I believe, where sodomy (generally perceived in the gay sex context, although it also included oral sex) was illegal.

It was rarely prosecuted, but the fact that it was a law meant that it could be if it served an agenda, as in the case of Bowers v. Hardwick (http://en.wikipedia.org/wiki/Bowers_v._Hardwick).

[Zantor_12]

So, the flag cannot be used, but no-one cares if you do. I don't think there are any issues really with using it. If you tried to count how many times you saw the flag in a single day, then it will show that most people use it a lot anyway.

[budafist]

Not to mention that it is included in most clip art CDs.

[Samakimoto Graphics]

We have a law here that you may not use the national flag to make clothing, that has been flouted on many ocassions too...

[budafist]

By the way, who gets in trouble should the law be enforced? The client or the designer?

[cgmpowers]

Its a code, not a law...I guess.