RE: Re: [DL] Makin' period money (kinda long)

[Frempath2@netscape.net]

Here is some stuff from various sites.  Short version-- Make it obnoxiously large or small, an off color, and have "not for use as money" or "copy" all over the thing.

g'day
kevin jameson


From the US mint:

Helpful Information for Businesses Interested in Producing, Advertising and Selling Replicas of U.S. Coins

Do be aware of existing counterfeiting laws.
Counterfeiting laws fall under the jurisdiction of the United States Secret Service and the United States Department of Justice. Counterfeiting laws appear at 18 U.S.C. §§ 486, et. seq. Existing laws generally cover those coins, tokens, devices, etc. (and their dies) that are intended either for use as genuine currency or are in similitude to U.S. or foreign coins. The laws apply equally to all coins, those coins currently in circulation, and those that are not.

Do mark the obverse of your coin replicas with the word "copy."
The Hobby Protection Act, 15 U.S.C. § 2101, et. seq., requires manufacturers of imitation numismatic items to mark plainly and permanently such items with the word "copy." Failure to do so may constitute an unfair or deceptive act or practice pursuant to the Federal Trade Commission Act. The Federal Trade Commission administers the Hobby Protection Act. If you need further assistance, you can contact Enforcement Division, Federal Trade Commission, 6th Street and Pennsylvania Avenue, NW, Washington, DC 20580; (202) 326- 3038.

Do refrain from advertising your replica product as a "coin."
The term "coin" is commonly understood to be a piece of metal issued by governmental authority as money or legal tender. See Merriam Webster's Collegiate Dictionary, Tenth Edition, 1996 at 223. Coins are distinct from medals or medallions, which are pieces of metal marked with a device, but which have no monetary or legal tender value. The U.S. Constitution delegates the power to coin money to the United States Congress and even prohibits the states from coining money. See U.S. Const. Art. I, sec. 8, cl. 5, and sec. 10, cl. 2. Congress delegated this authority to the Secretary of the Treasury. See 31 U.S.C. § 5111, et. seq. As a result, only the United States Mint is authorized to manufacture U.S. coins. For all of the above reasons, the use of the term "coin" may mislead consumers as to the actual product being offered. Alternative terms such as "replica," "medal" or "medallion" should be used in order to avoid confusion.

Do make it clear in your advertisement and marketing materials that the product offered is a replica.
Some businesses describe their replica products in such a way that results in confusion. Businesses should consider whether they are doing consumers a disservice by failing to disclose the nature of the product.

Do include a disclaimer in all advertisements, order forms, web pages and other marketing materials featuring replicas of authentic United States coins.
Disclaimers should be prominently displayed in advertisements and marketing materials, and set in an easily readable pitch and font. Disclaimers should expressly state that your business concern is not affiliated with the United States Government in any way. If the advertisement or marketing material features replicas of United States coinage, you should also note that the United States Government does not endorse the featured products. Disclaimers should be placed immediately adjacent to or below the actual photograph of the replica used in the advertisement or marketing material, and should not be buried in "fine print" at the bottom of the advertisement or marketing material. Disclaimers should appear in a different color than the background of the photograph box and should be clear and noticeable. For additional suggestions, see Memorandum Opinion and Order, dated September 5, 2001, United States of America v. The Washington Mint, LLC, etal., Civil No. 99-1768 (D.C. Minn.).

Do include a disclaimer in all television, video or radio advertisements, and identify your product clearly and not in a deceptive or confusing manner.
Disclaimers should expressly state that your business concern is not affiliated with the United States Government in any way, and should note that the United States Government does not endorse the featured products. Disclaimers should be clear, legible and prominent, and should be placed at the beginning of the advertisement (close to the start of voiceover and first appearance of product graphics). Disclaimers should be presented simultaneously in both the audio and video portions of the advertisement. Audio disclaimers should be delivered in volume and cadence sufficient for an ordinary consumer to hear and understand. Video disclaimers should be of a size, shade and duration sufficient for an ordinary consumer to read and understand, with each disclaimer line placed against contrasting background. Attention should be paid to the selection of music and graphics background so as not to create an atmosphere that may suggest to consumers that the government is the source or sponsor of the product as it is being offered, especially as this may diminish the effectiveness of the disclaimers. For some disclaimer benchmarks see FCC Regulations 47 C.F.R. § 73.1212 (a)(2)(ii) and consult individual television network guidelines.

Do refrain from reproducing a copyrighted United States coin design.
The United States Mint owns copyright in several commemorative and circulating coin designs. Although the copyright symbol does not appear on the coin itself, the U.S. Mint generally includes the symbol on marketing materials. Copyrighted coin designs include several designs used in the 1995-1996 Olympic Commemorative Coin Program, the 1995 Civil War Battlefield Commemorative Coin Program and the Golden Dollar (Sacagawea) coin. Should your company wish to use a copyrighted design, you will need to contact Jean Gentry, Deputy Chief Counsel, United States Mint, 801 9th Street, NW, Washington, DC 20220. Requests can be faxed to (202) 756-6110. The United States Mint deems any unauthorized use of a United States Mint copyrighted design to constitute copyright infringement.

Do refrain from using United States Mint trademarks in your advertisements.
Registered trademarks include: United States Mint®," "United States Mint Proof Set®," "United States Mint Uncirculated Coin Set®," "Fort Knox Collection®," and "50 State Quarters®." The United States Mint also considers the terms "United States Mint Silver Proof Set™," "50 State Quarters Silver Proof Set™," "50 State Quarters Proof Set™," "50 State Quarters Uncirculated Set™," as well as the graphic logos associated with the 50 State Quarters™ Program, to be common law trademarks of the United States Mint. Copyright protection also exists with regard to the United States Mint's 50 State Quarters™ graphic logos. Please note that this does not represent a complete list of all U.S. Mint trademarks and copyrights. The United States Mint deems any unauthorized use of a United States Mint trademark or the use of a similar mark likely to cause confusion to constitute trademark infringement.

Do refrain from using the words "United States Mint" or "U.S. Mint" or any colorable imitation of such words, in connection with any advertisement.
18 U.S.C. § 709 expressly prohibits such use in a manner reasonably intended to convey the impression that the advertisement is approved, endorsed, or authorized by the United States Mint. Pursuant to 31 U.S.C. § 333, the Secretary of Treasury may impose civil penalties of $5,000 ($25,000 for broadcast or telecast) for the use of the words "Department of Treasury" or "United States Mint" or any colorable imitation of such words, as part of an advertisement, solicitation, business activity or product, in any manner which could reasonably be construed as misleading the public that the product is in any way approved, endorsed, sponsored, authorized by or associated with the Treasury Department or United States Mint. Criminal penalties of $10,000 fine per use ($50,000 per broadcast or telecast) and up to one year imprisonment may be assessed for knowing violations of this provision.


from Meridian Moneyers' Guild:

US Code
Section 304.1 -

(d) Imitation numismatic item means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. Such term includes an original numismatic item which has been altered or modified in such a manner that it could reasonably purport to be an original numismatic item other than the one which was altered or modified. The term shall not include any re-issue or re-strike of any original numismatic item by the United States or any foreign government.

(f) Original numismatic item means anything which has been a part of a coinage or issue which has been used in exchange or has been used to commemorate a person, object, place, or event. Such term includes coins, tokens, paper money, and commemorative medals.

Section 304.6 Marking requirements for imitation numismatic items.

(a) An imitation numismatic item which is manufactured in the United States, or imported into the United States for introduction into or distribution in commerce, shall be plainly and permanently marked ``COPY''.

(b) The word ``COPY'' shall be marked upon the item legibly, conspicuously, and nondeceptively, and in accordance with the further requirements of these regulations.

(1) The word ``COPY'' shall appear in capital letters, in the English language.

(2) The word ``COPY'' shall be marked on either the obverse or the reverse surface of the item. It shall not be marked on the edge of the item.

(3) An imitation numismatic item of incusable material shall be incused with the word "COPY'' in sans-serif letters having a vertical dimension of not less than two millimeters (2.0 mm) or not less than one-sixth of the diameter of the reproduction, and a minimum depth of three-tenths of one millimeter (0.3 mm) or to one-half (\1/2\) the thickness of the reproduction, whichever is the lesser. The minimum total horizontal dimension of the word ``COPY'' shall be six millimeters (6.0 mm) or not less than one-half of the diameter of the reproduction.

(4) An imitation numismatic item composed of nonincusable material shall be imprinted with the word ``COPY'' in sans-serif letters having a vertical dimension of not less than two millimeters (2.0 mm) or not less than one-sixth of the diameter of the reproduction. The minimum total horizontal dimension of the word ``COPY'' shall be six millimeters (6.0 mm) or not less than one-half of the diameter of the reproduction.

[40 FR 5496, Feb. 6, 1975, as amended at 53 FR 38942, Oct. 4, 1988]


from the Printing and Graphic Communications Association:

Reproduction of Currency

"Common cents" when reproducing money or stamps
One of PIA's most frequently asked questions concerns the correct procedures for dealing with the reproduction of currency. While some answers may be obvious, the potential ramifications, which could include thousands of dollars in fines or prison time, are quite serious. Before you agree to reprint currency or other government instruments, here are some "common cents" rules about reproduction for advertisements and other promotional use. The Federal Government is very specific in this area.

Paper money, checks, and bonds
The law concisely restricts photographs or other printed reproductions of paper currency, checks, bonds, revenue stamps, and securities of the United States and foreign governments. There are three main criteria included in the Counterfeit Detection Act of 1992, Section 411 of Title 31 that permits color illustrations of U.S. currency. First, the illustration site must be less than three fourths or more than one-and-a-half times the size of the actual currency. The same holds true if you are printing just a part of an item. Secondly, the illustration must be one-sided. Finally, all negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices, and any other thing used in the making of the illustration must be destroyed and/or deleted after their final use. This policy permits the use of currency reproductions in commercial advertisements, provided they conform to the size restrictions.

Coins
Photographs or printed illustrations, motion picture films, or slides of United States and foreign coins may be used for any purpose. With few exceptions, existing law generally prohibits the manufacture, sale, or use of any token, disk, or device intended to fraudulently imitate any U.S. security or foreign currency, which are issued as money.

U.S. and foreign postage stamps
Printed illustrations of canceled and uncanceled United States and foreign postage stamps are permissible for any non- fraudulent purpose. Black-and-white illustrations of uncanceled U.S. and foreign postage stamps are permissible in any size. Colored illustrations of canceled U.S. or foreign postage stamps are permissible as long as they are less than three- fourths or more than one-and-one-half times the size of the genuine stamp.

Canceled U.S. and foreign postage stamps must bear an official cancellation mark; that is, the stamps must have been used for postage. Also, the plates and negatives, including glossy prints of U.S. and foreign obligations, must be destroyed after their final use for the purpose for which they were made.

It's the Iaw
Manufacturing counterfeit United States currency is a violation of Title 18, Section 471 of the United States Code and is punishable by a fine or imprisonment for up to 15 years, or both. Possession of United States obligations with fraudulent intent is a violation of Title 18, Section 472 of the United States Code and is punishable by a fine or imprisonment for up to 15 years, or both.

Anyone who manufactures a counterfeit U.S. coin in any denomination above five cents is subject to the same penalties as all other counterfeiters. Anyone who alters a genuine coin to increase its numismatic value is in violation of Title 18, Section 331 of the United States Code, which is punishable by a fine or imprisonment for up to 5 years, or both.

Printed reproductions, including photographs of paper currency, checks, bonds, postage stamps, revenue stamps, and securities of the United States and foreign governments (except under the conditions previously listed) are violations of Title 18, Section 474 of the United States Code. Violations are punishable by a fine or imprisonment for up to 15 years, or both.

How did we get here?
Counterfeiting of money is one of the oldest crimes in history. During some periods it was considered treasonous and was punishable by death. The United States was no exception to this crime. The British counterfeited huge amounts of American money during the American Revolution and, during the Civil War, nearly one-third of the currency in circulation was counterfeit. At that time, state banks printed their own currency resulting in some 7,000 varieties of genuine bills. Finally, in 1863, a single national currency was legislated and in 1865, the U.S. Secret Service was established to take enforcement measures.

Today, with vastly improved computers and photographic and printing equipment, counterfeiting is once again on the rise. Work with your customers to make sure that our industry doesn't add to the problem.

For more information
The Bureau of Engraving and Printing provides general guidance on currency reproduction. The Bureau can provide additional specific information if your questions go beyond the scope of the information in this advisory. Contact the security division at (202) 874-2106 or check out the Bureau's website at www.treas.gov/usss. To view the laws governing currency reproduction, you can view the U.S. Code of Federal Regulations, Title 31 CFR 411 by going to the following web site: www.access.gpo.gov
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