TOP GUN copyright

[blue moon]

A customer of mine is looking to do something with the TOP GUN logo. Since this is military and we actually pay for the stuff, does that make it public domain? Can I go ahead and print it or do I have to worry about it?
Does anybody know?

pierre

[Socalfmf]

top gun the movie or top gun the school for the military?  depends on how it is being used i would think...one is owned by the studio and one is owned by the people

[Screened Gear]

 Short answer: Logos are never public domain. Even If our tax dollars pay for something you still need permission to use it.

[blue moon]

top gun the movie or top gun the school for the military?  depends on how it is being used i would think...one is owned by the studio and one is owned by the people

they are the same! Thus the question. . .

pierre

[blue moon]

Short answer: Logos are never public domain. Even If our tax dollars pay for something you still need permission to use it.

I am not sure that is the case. If you are not enforcing the copyright you lose the right to it (thus many sill cease and desist letters are mailed. Not because they care about a small infringement, but rather they can lose the right if they don't stay on top of it).

For all I know, TOP GUN school does not care and is letting ppl use it without control. Also, being military, they might have different regulations on what is copyrighted and what is not.

pierre

[ebscreen]

If I had to guess, no one is going to go after the military for copyright infringement. Doesn't
make it right though.

[Socalfmf]

then I would say it is copywritten...

sam

[Screened Gear]

Short answer: Logos are never public domain. Even If our tax dollars pay for something you still need permission to use it.

I am not sure that is the case. If you are not enforcing the copyright you lose the right to it (thus many sill cease and desist letters are mailed. Not because they care about a small infringement, but rather they can lose the right if they don't stay on top of it).

For all I know, TOP GUN school does not care and is letting ppl use it without control. Also, being military, they might have different regulations on what is copyrighted and what is not.

pierre

This may help:

How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.


http://www.copyright.gov

[Command-Z]

Most military and govt logos and names are copyrighted. Use TOP GUN and you will more likely get heat from Paramount Pictures, if anyone at all...

Reminds me... Not long after OBL was killed, Disney sought copyright to "SEAL Team 6" but withdrew after public ridicule. The Navy owns copyright to the "SEAL" acronym anyway, but, the Navy doesn't officially acknowledge that "SEAL Team 6" even exists.

[Screened Gear]

This is good reading for everyone...

Copyright in General
--------------------------------------------------------------------------------

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.

[Screened Gear]

This is a link to Fair Use: This is when it is ok to use items that have Copyrights.

http://www.copyright.gov/fls/fl102.html

[Dottonedan]

Short answer: Logos are never public domain. Even If our tax dollars pay for something you still need permission to use it.

I agree in part.  It happens, that even with Logos ( or emblems) for the Military, you can do retail designs and sell for profit using the logos, whilst never actually being a certified vendor for the military. Branches of the military will have company, in their local are that sell/ make the Military prints. Those shops are " certified" so to speak. It's more of a suggestion to you to become certified  so you can use the stock art of the military. The more accurate and approved logos etc.   Plenty of people sell military tees at retail and do not need to pay a royalty to the Military. Any Bo Bo can do it, but the Military uses those "detracted" people to make sure they get correct art and good products. In turn, the printer gets more orders. I don't know what it cost to be "certified".

You can go up the NASA website and download very large high Rez files of pictures they've taken.


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[ZooCity]

If it's not the exact logo, it shouldn't matter.  But what will matter is if someone has it trademarked for clothing.

You could start here:
http://tess2.uspto.gov/bin/showfield?f=toc&state=4006%3A8l7d51.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=no&p_s_PARA1=live&p_tagrepl~%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=top+gun&p_tagrepl~%3A=PARA2%24ALL&p_op_ALL=ADJ&a_default=search&a_search=Submit+Query&a_search=Submit+Query

[terryei]

I understand copyrights and trade marks.  I've had several of both...BUT.
You have a family member come in and they want to have some apparel with a relatives army, navy, etc. logo.
Who would you get permission from?  Janet Napoliano?  Petraus?  Some buracratic twit in DC?
I doubt if anyone would give you permission.  If trade marks/copy rights aren't protected they can be lost.
I guess I don't have a problem doing these.
Terry

[Denis Kolar]

Searched google for :  is army logo trademarked

usarmy.vo.llnwd.net/e2/rv5_downloads/symbols/r672_8.pdf        This is for US Army.

More info here: http://usarmy.vo.llnwd.net/e2/rv5_downloads/symbols/r672_8.pdf