

NSA Using Copyright Claims to Crush Free Speech? - pash
http://benswann.com/exclusive-nsa-using-copyright-claims-to-crush-free-speech/

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pash
The other top-level comments are correct that copyrightable works created by
the federal goverment are in the public domain. But federal agencies can and
do claim trademark protections:

 _You cannot use U.S. government trademarks or the logos of U.S. government
agencies without permission. For example, you cannot use an agency logo or
trademark on your social media page._ [0]

In other words, the article's line of speculation, including its title (note
the question mark), is obviously incorrect, but it can be made sound merely by
substituting "IP" or "trademark" for "copyright". The article would otherwise
read substantially the same, as parody is likewise a defense to trademark
infringement on First Amendment grounds, just as it is in copyright cases.
(The standard is higher for a successful free-speech defense of trademark
infringement, though).

0\. [http://www.usa.gov/copyright.shtml](http://www.usa.gov/copyright.shtml) ;
this claim isn't entirely correct. Legal protections of government trademarks
are mostly limited to uses which could cause confusion about an agency's
position or endorsement of a statement or product. Use of logos of a federal
agencies in some other common ways is legal. (Think t-shirts emblazoned with
the letters "FBI".)

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bentoner
It's not copyright: government product is public domain. I don't know what the
law is for the NSA logo though. Here's wikipedia:

 _Certain works, particularly logos and emblems of government agencies, while
not copyrightable, are still protected by other laws similar in effect to
trademark laws. Such laws are intended to protect indicators of source or
quality. For example, some uses of the Central Intelligence Agency logo, name,
and initialism are regulated under the CIA Act of 1949 (50 U.S.C. § 403m)._

[http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the...](http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the_U.S._government)

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jrochkind1
The letter quoted from the NSA doesn't ever say the word 'copyright', it says
"intellectual property rights."

I was curious based on the initial headline, because in general, under US law,
things created by the federal government are not under copyright.
[http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the...](http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the_U.S._government)

Although things created by contractors might be.

Anyhow, the takedown letter, as usual for this sort of thing, is very vague
about exactly what 'intellectual property rights' the complainer holds are
being violated, making it even harder to judge if their complaint is
justified. At least as quoted in the OP. Who knows.

~~~
hga
The government got a trademark for Ada, the computer language, in 1979 for the
obvious reasons. Like Sun and Java, except I gather they don't play games with
access to their verification suite (i.e. I just found copies on-line).

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mentat
The NSA specifically has protection around the use of their name, logo, and
initials per the NSA Act of 1959

[http://www.intelligence.senate.gov/nsaact1959.htm](http://www.intelligence.senate.gov/nsaact1959.htm)

