Acts of Congress
Thursday April 21st 2005, 10:48 am
Filed under: General

Smokey the BearI somehow found myself on the Smokey Bear wikipedia page yesterday and was surprised to see that in 1952, Congress passed the Smokey Bear Act which effectively removed Smokey the Bear from the public domain and required licensing for use. Don’t get a license… and you could go to jail for up 6 months.

I’ve seen instances of Congress making certain public domain map data unavailable due to “security” reasons. But the fact that congress can just say, “Anything that is produced by the US government is public domain, except when we decide that it isn’t.” seems a little crazy.


4 Comments so far
Leave a comment

The key piece of language from the act is using Smokey’s image or name “knowingly and for profit,” which at least grants some slack for non-commercial usage - but not much.

This document (pdf), inocuously entitled “Smokey Bear Guidlines”, is an amazing read.

There’s far too much brilliance to quote here, but among my favorites were the instructions for how to behave while wearing an authorized Smokey Bear costume, including:

“Express sincerity and interest in the appearance by moving paws, head, and legs.”

and

“The costumed bear should not force itself on anyone. Do not walk rapidly toward
small children.”

Comment by Dr. Icker 04.21.05 @ 2:42 pm

Wow, no wonder we give so much money to the government. That is one thorough document.

Costume

Examples of inappropriate uses are: Christmas parties, summer picnics, Halloween parties, Job Fairs, the Combined Federal Campaign, or any situation that might compromise Smokey’s integrity or give the appearance of impropriety.

There goes my Halloween plans.

Comment by Jared 04.21.05 @ 3:03 pm

Whoa, he’s got his own dot com just for licensing:
http://www.smokeybearlicensing.com/

Comment by Jared 04.21.05 @ 4:38 pm

And as if there was any lingering doubt about how serious this all is:
The Official Smokey Bear Style Guide (pdf)

Rule #4.0
Clearspace: Use Smokey Bear’s hat as a guideline

Comment by Dr. Icker 04.22.05 @ 9:18 am



Leave a comment
Line and paragraph breaks automatic, e-mail address never displayed, HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>