The use of government symbols in the United States is governed by a mix of criminal statutes, trademark rules, and executive orders rather than by copyright. You can generally copy a federal seal or logo as an image, but you cannot display it in a way that suggests government sponsorship, put it on merchandise without a license, or use it to make a private communication look official. Doing so risks federal prosecution carrying anywhere from six months to fifteen years in prison, plus civil penalties under a Federal Trade Commission rule that took effect in 2024.
What Federal Law Actually Protects
Government symbols fall into several categories, and the legal treatment differs for each.
The Great Seal of the United States, the Presidential Seal, the Vice Presidential Seal, and the seals of the Senate, House, and Congress as a whole are specifically named in 18 U.S.C. § 713. That statute makes it a crime to display any of them in a way that creates a false impression of government sponsorship or approval.1Office of the Law Revision Counsel. 18 USC 713 – Use of Likenesses of the Great Seal of the United States, the Seals of the President and Vice President, the Seal of the United States Senate, the Seal of the United States House of Representatives, and the Seal of the United States Congress
Every federal department and agency also has its own seal or logo. The Department of Justice seal, the FBI shield, the NASA insignia, and the National Park Service arrowhead are all examples. These are protected mainly under 18 U.S.C. § 506, which criminalizes forging or counterfeiting agency seals, and through trademark law. Individual agencies also set their own policies on outside use.
Military branch insignia are handled separately. Each service runs a trademark licensing program that controls commercial use of its logos, unit crests, and official imagery.
One boundary worth noting: the U.S. flag is governed by the Flag Code in Title 4, but that code is advisory and carries no criminal penalties against private citizens. Rules for the flag do not map onto rules for seals.
Why “Public Domain” Does Not Mean “Free to Use”
This is the point that catches people out. Federal government works generally cannot be copyrighted, under 17 U.S.C. § 105.2Office of the Law Revision Counsel. 17 USC 105 – Subject Matter of Copyright, United States Government Works Reports, data, and photographs taken by federal employees on duty are in the public domain.
Government seals and logos are a major exception. They may not be copyrighted, but they are protected by criminal statutes and trademark law. USA.gov’s guidance is direct: you cannot use federal trademarks or agency logos without permission, and you cannot display them in ways that suggest endorsement or sponsorship.3USAGov. Learn About Copyright and Federal Government Materials The image file may be free to copy. Putting it on a product is a different question, and often a criminal one.
Criminal Penalties by Type of Misuse
Different statutes target different kinds of misuse, and the penalties climb depending on what you did and which symbol was involved.
Creating a False Impression of Government Sponsorship
Displaying the Great Seal, the Presidential or Vice Presidential Seal, or a congressional seal in advertising, publications, films, buildings, or any other medium for the purpose of falsely implying government approval carries a fine and up to six months in prison under 18 U.S.C. § 713. The same statute prohibits manufacturing or selling reproductions of the Presidential or Vice Presidential Seal without authorization from the President. For congressional seals, authorization must come from the chamber involved or its officers.
Forging or Counterfeiting Agency Seals
Creating a fake version of any department or agency seal, using a forged seal on a document, or knowingly possessing one with fraudulent intent is punishable by a fine and up to five years in prison under 18 U.S.C. § 506.4Office of the Law Revision Counsel. 18 USC 506 – Seals of Departments or Agencies If the forged seal is used to help someone fraudulently obtain federal benefits such as government loans, retirement payments, or public housing, the maximum triples to fifteen years.
A related provision, 18 U.S.C. § 1017, covers people who fraudulently affix a genuine department seal to documents. Even a real seal, used on unauthorized paperwork, carries the same five-year maximum.5Office of the Law Revision Counsel. 18 USC 1017 – Government Seals Wrongly Used and Instruments Wrongfully Sealed
Unauthorized Badges and Identification
Manufacturing, selling, or possessing official government badges, identification cards, or similar insignia without authorization is a federal crime under 18 U.S.C. § 701, punishable by a fine and up to six months in prison.6Office of the Law Revision Counsel. 18 USC 701 – Official Badges, Identification Cards, Other Insignia The statute covers exact copies and anything close enough to be mistaken for the real thing.
Government Words and Emblems in Private Solicitations
Under 18 U.S.C. § 712, using words like “national,” “Federal,” or “United States,” or any government emblem, in private debt collection letters or private investigation services to create the impression that the communication comes from a government agency is punishable by up to one year in prison.7Office of the Law Revision Counsel. 18 USC 712 – Misuse of Names, Words, Emblems, or Insignia Debt collectors who put fake letterheads or seal-like graphics on their mailings run into this provision.
The FTC Impersonation Rule
Layered on top of the criminal statutes is the FTC’s Trade Regulation Rule on Impersonation of Government and Businesses, which took effect in April 2024. It makes it an unfair or deceptive trade practice to falsely pose as a government entity or to misrepresent affiliation with or endorsement by a government body.8Federal Register. Trade Regulation Rule on Impersonation of Government and Businesses The practical effect is civil: the FTC can pursue monetary penalties without a criminal prosecution. Using a government seal or logo to suggest a business has a government connection sits squarely within the rule.
When You Can Use a Government Symbol Without Permission
Not every reproduction is illegal. The dividing line in the criminal statutes is whether the use creates a false impression of government sponsorship. Informational, educational, and newsworthy uses generally do not.
For the Presidential and Vice Presidential Seals, Executive Order 11649 sets out a narrow list of permitted uses without further authorization: encyclopedias, dictionaries, books, journals, and periodicals discussing the history of seals, heraldry, or the presidency (in body text only, not on covers); library, museum, and educational exhibits about heraldry or the presidency; presidential libraries and archives as architectural features; monuments to former presidents or vice presidents; and legitimate news coverage. Anything else requires written permission, which the Counsel to the President can grant for exceptional historical, educational, or newsworthy purposes.9National Archives. Executive Order 11649 – Regulations Governing the Seals of the President and the Vice President of the United States
The State Department, which oversees the Great Seal, discourages most uses but allows reproduction for governmental or educational purposes. Whether a particular use crosses the line is a case-by-case call by the Department of Justice.10United States Department of State. Copyright Information – Section: Use of U.S. State Department Seal, the U.S. Great Seal, and Other Official Insignia
The same principle runs through agency practice. A textbook illustrating how the federal government is organized can display the Department of Education seal. A clothing company printing that seal on a t-shirt to imply the government produced it cannot. These exceptions come from the criminal statutes’ requirement of a false impression, not from copyright fair use. Since most government symbols are not copyrighted at all, the copyright framework rarely matters here.
How to Get Permission
When your use falls outside the clear exceptions, you need written authorization from the agency that owns the symbol. There is no single federal process. Anyone who says otherwise is wrong.
Start by identifying the specific agency. The Department of Homeland Security, for example, requires written requests specifying in detail how the seal will be used, and any permission granted applies only to the exact use described.11E-Verify. How Do I Obtain Permission to Use the Department of Homeland Security (DHS) or E-Verify Logos NASA runs a brand center for insignia requests. The National Park Service routes requests through its Brand Management Team. Expect to explain the reason for the request, how and where the symbol will appear, the intended audience, and when you plan to use it.
Review times vary from weeks to months. No statute requires an agency to act within a fixed period, so build in more lead time than you think you need.
Commercial and Merchandise Licensing
Putting a government symbol on merchandise for sale is trademark licensing territory. For military insignia, that means a formal program with royalties.
The Army Trademark Licensing Program requires anyone using Army logos, wordmarks, or unit insignia on commercial products to obtain a license. Standard licensees pay an advance on royalties (averaging around $5,000 at the start of each contract year) plus a 10% royalty on direct sales, with potentially higher rates for wholesale and distributor channels. The Army will not license its marks for weapons, alcohol, tobacco, politically activist products, or items with sexual references.12U.S. Army. Army Trademark Licensing Program Each military branch runs its own program, and a license from one does not cover the others.
The National Park Service arrowhead is a registered service mark governed by 36 CFR Part 11. The NPS Director can authorize reproduction for uses that support the Park Service’s education and conservation mission. Commercial use, including souvenirs sold inside or outside park areas, requires the Director’s approval, and permission can be revoked at any time.13eCFR. 36 CFR Part 11 – Arrowhead and Parkscape Symbols Unauthorized manufacturing or sale of arrowhead items carries the same penalties as § 701: up to six months in prison and a fine.
Reporting Misuse by Others
Scammers use fake seals and logos to make phishing emails, fraudulent letters, and bogus websites look official. Two federal agencies take reports.
The FTC’s ReportFraud.ftc.gov collects complaints about government-impersonation scams. The FTC does not resolve individual cases, but reports feed Consumer Sentinel, a database shared with more than 2,000 law enforcement agencies.14Federal Trade Commission. ReportFraud.ftc.gov For phishing emails and online scams using fake government logos, the FBI’s Internet Crime Complaint Center at ic3.gov is the appropriate channel.15Federal Bureau of Investigation. Spoofing and Phishing
If a letter, email, or website carries a federal seal and asks you to send money or hand over personal information, treat it as fraudulent by default. Legitimate agencies do not cold-contact people and demand immediate payment.