Is there a copyright on the Australian flag?

Unlike most other flags around the world, the Aboriginal flag is still protected by copyright. That copyright is owned by Luritja man Harold Thomas, who created the flag for the National Aboriginal Day march in July 1971.

Who owns the rights to the Australian flag?

Instead the flag belongs to Harold Thomas, an Aboriginal artist who designed it in 1971 for his people’s civil rights movement. Mr Thomas retains the full copyright – a status clarified by a legal battle in the 1990s – and he has leased reproduction rights to different companies over the years.

The flag can be used for commercial purposes, including advertising, without formal permission, except when importing products, applying for trademarks and registering designs. The image of the flag should not be covered with other words, illustrations or objects. …

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Government involvement

In the United States, government works cannot be protected by copyright under 17 USC Section 105; therefore, the national flag is in the public domain. … Further, the term of copyright for older flags may have expired, even if they were not created for or on behalf of governments.

Are there any rules for flying the Australian flag?

Order of precedence

When the flag is flown in Australia or Australian territory it takes precedence over all other national flags and should be flown in the position of honour. … The flag should not be flown in a position inferior to any other flag or ensign and should not be smaller than any other flag or ensign.

What are the 3 Australian flags?

Australia has three official flags: the Australian National Flag, the Australian Aboriginal Flag and the Torres Strait Islander Flag. Each state of territory also has its own flag.

How much did WAM pay for the Aboriginal flag?

WAM Clothing was established in Nov 2018 and signed a worldwide exclusive agreement with Harold Thomas for the use of the Aboriginal flag on Clothing. What we didn’t know was, Harold licensing agreement with WAM Clothing was for a $20,000 lump sum plus royalties over 10 years.

What does it mean when you fly a flag upside down?

Flying a U.S. flag upside down

Displaying a U.S. flag upside down is “a signal of dire distress in instances of extreme danger to life or property”.

What does it mean when the Australian flag is flown upside down?

To fly a flag upside down is a signal of distress. The Australian National Flag should not, therefore, be displayed with the Union Jack down on any occasion except as a signal of distress.

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Is the Aboriginal flag official?

The flag has become a symbol of unity and identity for Aboriginal people. In 1995, the Aboriginal flag was recognised by the Australian Government as an official ‘Flag of Australia’ under the Flags Act 1953.

Why is the Aboriginal flag copyrighted?

Unlike most other flags around the world, the Aboriginal flag is still protected by copyright. That copyright is owned by Luritja man Harold Thomas, who created the flag for the National Aboriginal Day march in July 1971. … But in 1997, the Federal Court declared him the author and owner of the copyright.

Can you trademark a flag?

Yes, you can trademark a flag. It is possible to trademark a stylized flag design, provided that it is not a true representation of the flag of the United States, or of any state, municipality, or foreign nation.

Is the British flag copyrighted?

Yes, a representation of the Union Jack flag and/or the flags of England, Wales, Scotland, Northern Ireland and Isle of Man can be registered as part of a trade mark. However, as well as being subject to the usual examination criteria, such marks cannot be misleading or grossly offensive.

Do you need permission to fly the Aboriginal flag?

Permission is not required to fly the Australian Aboriginal flag, however, the Australian Aboriginal flag is protected by copyright and may only be reproduced in accordance with the provisions of the Copyright Act 1968 or with the permission of Mr Harold Thomas.

Is it illegal to leave flag out in rain?

The flag should not be subject to weather damage, so it should not be displayed during rain, snow and wind storms unless it is an all-weather flag. It should be displayed often, but especially on national and state holidays and special occasions.

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Is it disrespectful to wear a flag as a cape?

The wearing of the flag is listed as unacceptable according to U.S. flag code section 176 (d) which states, “The flag should never be used as wearing apparel, bedding, or drapery.” While many people think the flag code states that you can’t wear any type of flag apparel, including a cape, the truth is that you can wear …

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