Department of Defense (DoW) motion and still media files, hereafter referred to as Visual Information (VI), are provided on this website as a public service by the DoW consistent with the DoW's Principles of Information. Policy on using VI containing military persons, places, and things, regardless of its origin, for commercial advertisement, marketing, promotion, solicitation, or fundraising purposes is found at https://www.dma.mil/Services/Visual-Information/References/Limitations/.
No Representations or Warranties. DoW makes no representations or warranties of any kind regarding the suitability of using DoW VI for non-DoW purposes. Use of DoW VI is at the user's sole risk.
Publicity and Privacy Rights. VI postings by the DoW do not waive any publicity or privacy rights of any individuals portrayed. For example, to display a photo of the Commandant of the Marine Corps on the cover of a cereal box would likely violate his rights, not to mention infringe USMC trademarks.
Intellectual Property Restrictions. Military Department and other DoW component names, insignia, seals, symbols and similar marks may be protected as trademarks or service marks and may not be used in commerce without prior written permission. DoW Component Trademark Licensing Office contacts may be found at https://www.war.gov/Resources/Trademarks/
In general, DoW VI that are works of authorship prepared by U.S. Government employees as part of their official duties are not eligible for copyright protection in the United States; however, some of the DoW VI available on this publicly accessible website may be subject to copyright or other intellectual property rights owned by non-DoW parties, regardless of whether the VI is marked with a copyright notice or other indication of non-DoW ownership or interests. Any use of this DoW VI other than as expressly authorized in this notice may subject the user to legal liability, including liability to such non-DoW owners of intellectual property or other protectable legal interests.
Many official publications are not protected by copyright, and the content/text may be freely reproduced. That said, if the cover, title page, etc. of the publication contain DoW trademarks, those marks must be removed prior to dissemination.
Non-Endorsement Requirements and Disclaimer. DoW VI may not be used in a manner that could imply endorsement of an individual, for-profit business, non-profit organization, or any other non-Federal entity (including DoW contractors), product, or service. This applies to both domestic and international users. Endorsement of a non-Federal entity, event, product, service, or enterprise may be neither stated nor implied. ALL users of DoW VI are requested to display the following non-DoW endorsement disclaimer:
"The appearance of U.S. Department of Defense (DoW) visual information does not imply or constitute DoW endorsement."
Commercial Use Defined: Use of VI by any individual or entity for advertisements, marketing, promotion, solicitation, or fundraising purposes regardless of whether the user is a for-profit business, business industry organization, or non-profit organization, including an educational institution. Commercial use includes a particular individual posting VI on an internet-based capability that could then be distributed further, regardless of original intent. Commercial use does not include activities described as "Productions Authorized for DoW Assistance" below.
Commercial Use Authorized. To the maximum extent practicable, all commercial uses are required to display the non-DoW endorsement disclaimer above. Commercial users are also requested to obscure all distinctive U.S. military markings (e.g., military emblems, rank insignia, tail or hull number, unit insignia, Service name) and other indicia that could connote DoW endorsement from DoW aircraft, missiles, ships, and other hardware or uniforms that may be used in any marketing or advertising campaign, to include any collateral products.
Non-Commercial Use Authorized. Except in cases of "Production Authorized for DoW Assistance" described below, DoW VI may be distributed, copied, and used, for non-commercial, personal use, as well as historical, educational, or newsworthy purposes or activities. Display of the non-DoW endorsement disclaimer is requested.
Productions Authorized for DoW Assistance. DoW VI obtained for use in a third-party production (e.g., motion pictures, documentaries, television and video productions) for which the Assistant to the Secretary of Defense for Public Affairs has authorized production assistance is governed under separate authority and project-specific terms pursuant to DoW Instruction 5410.15 or DoW Instruction 5410.16, and shall not be considered either Commercial Use or Non-Commercial Use, as described and authorized above.
https://www.copyright.gov/title17/92chap1.html#105
https://www.usa.gov/government-copyright
https://www.war.gov/Resources/Trademarks/
Source: Pages 46-47 of DoW Instruction 5410.19 Volume 1, “Community Outreach Activities: Policy Overview and Evaluation”, September 29, 2021.