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S.F. No. 362 - Designating the Honor and Remember Flag as an Official Symbol - the First Engrossment
 
Author: Senator Bruce D. Anderson
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: February 20, 2015



 

Section 1 [Honor and Remember Flag].

Subdivision 1 [Legislative findings] lists legislative findings that recognize fallen members of the U.S. armed forces and identifies the Honor and Remember flag as an appropriate symbol to acknowledge the selfless sacrifice of those members.

Subdivision 2 [Designation] designates the Honor and Remember Flag as the symbol of the state's concern and commitment to honoring and remembering the lives of fallen service members.

Subdivision 3 [Description] describes the design on the flag.  The Honor and Remember Flag is protected by U.S. copyright, registration number VA0001670661, currently owned by Honor and Remember, Inc.

Subdivision 4 [Suggested days for flag display] encourages the chief administrator of each governmental building or facility within this state to display the Honor and Remember Flag on specified days.  Governmental buildings and facilities means the Minnesota State Capitol, the Office of the Governor and each other Minnesota constitutional office, the chambers of the Minnesota Senate and House of Representatives, the Minnesota Judicial Building and each Minnesota District court house, state veterans memorials, state veterans homes, state veterans cemeteries, state veterans service centers, state veterans community-based outreach centers, and local government buildings or facilities as determined by the governing body of that local government.

Subdivision 5 [Limitation] specifies that this section does not require any employee to report to work solely for the purpose of providing for the display of the Honor and Remember Flag or any other flag.

Subdivision 6 [Implementation] authorizes the chief administrators of government buildings and facilities to prescribe procedures necessary for displaying the Honor and Remember Flag.

Subdivision 7 [Flag donation] allows any named public office or public official to accept a donation of one or more Honor and Remember Flags for the purposes of this section, notwithstanding statutory gift bans.

This section is effective the day following final enactment.

Note about the implications of copyright

An owner of a copyrighted work has the following five exclusive rights in the work and can sue others who engage in these activities without express permission from the copyright owner:

  • the right to reproduce the copyrighted work;
  • the right to prepare derivative works based on the work;
  • the right to distribute copies of the work to the public;
  • the right to perform the copyrighted work publicly; and
  • the right to display the copyrighted work publicly.

The owner's remedies for infringement include an injunction and damages (actual or statutory).

Because the Honor and Remember Flag is protected by copyright, a manufacturer must obtain a license from the copyright holder to make the flag.  Government buildings and facilities will only be able to display flags purchased from licensed manufacturers or from the owner of the copyright.  A license may be required to publish photographs that include the flag.

SJJ/rdr

 
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