FBI Contemplates Expanded Use of Anti-Piracy Warning Seal

September 27, 2011

If your organization owns or controls copyrighted content, you may soon be able to seek authorization to display the FBI's Anti-Piracy Warning Seal. Currently, the seal is only authorized by the federal agency for use by members of certain organizations, namely, the Motion Picture Association of America, the Recording Industry Association of America and software industry associations, including the Business Software Alliance. Each association member must enter into a formal authorization agreement. Use of the seal without authorization from the FBI is a criminal offense.

The FBI indicates on its website that it is "evaluating the licensing arrangements we have . . . with a view towards permitting the broadest possible public use of the seal by all individuals and businesses with a copyright interest."  In the meantime, anyone having a protectable copyright interest can post the following generic warning without obtaining FBI approval: "Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000."  For more information, go here.

For more information about legislation or litigation involving technology, intellectual property protection of information technology assets or any other Information Technology law issue, contact your Miller Canfield attorney or the author:

Kathy Ossian
Information Technology Team Leader
313.496.7644