FBI Anti-Piracy Warning Seal
A new federal regulation regarding the FBI’s Anti-Piracy Warning (APW) Seal took effect several years ago—41 CFR Section 128-1.5009 authorizes use of the APW Seal by all U.S. copyright holders, subject to specific conditions of use. Copyrighted works can include, but are not limited to, films, audio recordings, electronic media, software, books, photographs, etc. The purpose of the APW Seal is to remind media users of the serious consequences of pirating copyrighted works. Use of this seal does not indicate that the FBI has reviewed or validated copyright interests in the particular work and does not provide greater legal protection to the work. It simply serves as a widely recognizable reminder of the FBI’s authority and mission with respect to the protection of intellectual property rights.
Those wishing to use the APW Seal must obtain the image directly from our website and display it directly adjacent to the authorized warning language. Additionally, copyright holders are encouraged to use independent, industry-recognized copyright anti-circumvention or copy protection techniques to discourage copying of the APW Seal. The new 41 CFR Section 128-1.5009 also prohibits use of the APW Seal on any work whose production, distribution, sale, public presentation, or mailing would violate the laws of the United States. Any use indicating the FBI has approved, authorized, or endorsed any work or product, or that the FBI has determined that any portion of a work is entitled to protection of the law, is also prohibited.
Overview
Our APW Seal program is one aspect of a larger anti-piracy effort. The FBI, both independently and through its partnership with other federal agencies and the National Intellectual Property Rights Coordination Center (IPR Center), is currently working to increase public awareness of the issues related to copyright piracy and other intellectual property theft.
Intellectual property rights theft is not a victimless crime. Because of piracy of media and other commercial goods, U.S. businesses lose millions of dollars each year, threatening American jobs and negatively impacting the economy. Not only can the violation of intellectual property rights damage the economy, it also poses serious health and safety risks to consumers, and often times, it fuels global organized crime. The FBI, along with the U.S. Attorney’s Offices, has made investigating and preventing intellectual property theft a top priority within the Bureau. Violating these laws by reproducing or distributing copyrighted work, with or without monetary gain, is investigated by the FBI and punishable by fines and federal imprisonment.
For years, the FBI has actively worked to help deter piracy of intellectual property. In December 2003, the Bureau authorized the use of the Anti-Piracy Warning Seal through Memoranda of Understanding (MOU) with entertainment and software industry associations. By August 2006, the FBI had executed MOUs with five associations, specifically the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), the Software & Information Industry Association (SIIA), the Business Software Alliance (BSA), and the Entertainment Software Association (ESA). The MOUs required each association’s members, or authorized parties, to execute a formal agreement prior to using the APW Seal. These agreements, which allow other uses of the APW Seal by these associations, remain in place. The new regulation allows all copyright holders to use the APW Seal without executing written agreements with the FBI or an industry association.
A last word to the wise: Use of the APW Seal in a manner inconsistent with 41 CFR § 128-1.5009 constitutes an unauthorized use of an official FBI insignia. Unauthorized uses of official FBI insignia, including the APW Seal, may violate federal law, specifically Section 701 of Title 18 of the United States Code. Additionally, use of the FBI’s name or initials to indicate FBI approval, endorsement, or authorization, is governed by Sections 709 and 712 of Title 18 of the United States Code. Violations of these provisions may result in fines or imprisonment.
A Note on Fair Use
The FBI recognizes that the fair use of copyrighted materials, as codified in Title 17, United States Code, section 107, does not constitute copyright infringement. The APW Seal is not intended to discourage fair uses of copyrighted materials that are consistent with U.S. law. More information about copyright law and fair use is available from The Library of Congress, U.S. Copyright Office at www.copyright.gov.
However, it has come to the FBI’s attention that “Fair Use Warnings” accompanied by an image of the official FBI Seal (or similar insignia) have been posted on various websites, giving the appearance that the FBI has created or authorized these notices to advise the public about the fair use doctrine in U.S. copyright law. These warnings are not authorized or endorsed by the FBI.
Conditions and Prohibitions Regarding Use of the FBI Anti-Piracy Warning (APW) Seal
The following conditions of use are specified in 41 CFR Section 128-1.5009(e):
- The APW Seal shall only be used on copyrighted works subject to protection under U.S. Criminal Code provisions such as those in Title 18, U.S. Code, Sections 2319, 2319A, and 2319B.
- The APW Seal shall only be used immediately adjacent to the authorized warning language. “Authorized warning language” refers to the language set forth below in paragraph (a) of this section, or alternative language specifically authorized in writing for this purpose by the Director of the FBI or his or her designee and posted on the FBI’s official public Internet website (http://www.fbi.gov). Except as authorized pursuant to paragraph (1) of the prohibitions regarding use of the APW Seal, the APW Seal and authorized warning language shall be enclosed by a plain box border at all times that other text or images appear on the same screen or page.
- The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by fines and federal imprisonment.
- The APW Seal image must be obtained from the FBI’s official public Internet website (http://www.fbi.gov). The APW Seal image shall not be animated or altered except that it may be rendered in outline, black and white, or grayscale.
- In programming or reproducing the APW Seal in or on a work, users are encouraged to employ industry-recognized copyright anti-circumvention or copy protection techniques to discourage copying of the FBI APW Seal, except that such techniques need not be used if no other content or advertising programmed into the same work on the same media utilizes such copyright anti-circumvention or copy protection techniques.
- In programming or reproducing the APW Seal in or on a work, users are encouraged to employ industry-recognized copyright anti-circumvention or copy protection techniques to discourage copying of the FBI APW Seal, except that such techniques need not be used if no other content or advertising programmed into the same work on the same media utilizes such copyright anti-circumvention or copy protection techniques.
Prohibitions Regarding Use of the APW SealThe following prohibitions are specified in 41 CFR Section 128-1.5009(f):
- The APW Seal shall not be used in a manner indicating FBI approval, authorization, or endorsement of any communication other than the authorized warning language. No other text or image that appears on the same screen, page, package, etc., as the APW Seal or authorized warning language shall reference, contradict, or be displayed in a manner that appears to be associated with, the APW Seal or authorized warning language, except as authorized in writing by the Director of the FBI or his or her designee and posted on the FBI’s official public Internet website (http://www.fbi.gov).
- The APW Seal shall not be used on any work whose production, sale, public presentation, or distribution by mail or in or affecting interstate commerce would violate the laws of the United States including, but not limited to, those protecting intellectual property and those prohibiting child pornography and obscenity.
- The APW Seal shall not be forwarded or copied except as necessary to display it on an eligible work.
- The APW Seal shall not be used in any manner:
- Indicating that the FBI has approved, authorized, or endorsed any work, product, production, or private entity, including the work on which it appears;
- Indicating that the FBI has determined that a particular work or portion thereof is entitled to protection of the law; or,
- Indicating that any item or communication, except as provided herein, originated from, on behalf of, or in coordination with the FBI, whether for enforcement purposes, education, or otherwise.
- Indicating that the FBI has approved, authorized, or endorsed any work, product, production, or private entity, including the work on which it appears;
Download the FBI’s Anti-Piracy Warning Seal
The Anti-Piracy Warning (APW) Seal has been approved by the U.S. Attorney General as an official insignia of the FBI and the U.S. Department of Justice. The purpose of the APW Seal is to help detect and deter criminal violations of U.S. intellectual property laws by educating the public about the existence of these laws and the authority of the FBI to enforce them. Any copyright holder who complies with the conditions of 41 CFR Section 128-1.5009 can use the Seal.
The APW Seal can only appear on works that meet all of the following:
- Are copyright-protected (no registration of a work is required to use the seal);
- Are subject to protection under U.S. Criminal Code provisions; and
- Would not violate federal law if produced, sold, publicly presented, or distributed by mail or in affecting interstate commerce.
Download FBI Anti-Piracy Warning Seal by clicking on the seal below and then clicking again to see the terms of use (lawful use requires the below authorized text to be placed immediately adjacent to Seal on the copyrighted work, see 41 CFR Section 128-1.5009(e)2).
The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by fines and federal imprisonment.
(Spanish)
La reproducción o distribución no autorizada de una obra protegida por derechos de autor es ilegal. La infracción criminal de los derechos de autor, incluyendo la infracción sin lucro monetario, es investigada por el FBI y es castigable con multas y encarcelamiento federal.
Here are two alternate versions of the warning language, in both English and Spanish:
Warning language in an abbreviated form
- FBI Anti-Piracy Warning: Unauthorized copying is punishable under federal law.
- Advertencia Antipirateria del FBI: La copia no autorizada es castigable bajo la ley federal.
Warning language specifying current penalties
- FBI Anti-Piracy Warning: The unauthorized reproduction or distribution of a 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.
- Advertencia Antipirateria del FBI: La reproducción o distribución no autorizada de una obra protegida por derechos de autor es ilegal. La infracción criminal de los derechos de autor, incluyendo la infracción sin lucro monetario, es investigada por el FBI y es castigable con pena de hasta cinco años en prisión federal y una multa de $250,000.
And below is the generic enforcement warning language:
The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.