[WikiEN-l] Possible legal violation in the use of a government seal?

[Benjamin Esham]

Hello all,

I recently sent an e-mail to the Livingston County (New York) government,
inquiring about the possible misuse of one of my Commons images, a picture
of the Livingston County seal [1].  They use a very similar image on their
website, but it was scaled down too small for me to tell whether or not it
was my image.  If it was my image they were using, then they would be in
violation of the cc-by-sa license on the image.

I received this reply:

| Dear Mr. Esham: 
| 
| Your email to Livingston County has been referred to me for response.  I
| would refer you to section 30-e of the Judiciary Law of the State of New
| York.  The use of Livingston County's seal or any replica or simulation
| thereof, in form or substance, by any unauthorized person, is prohibited.
| A violation of this prohibition constitutes a misdemeanor and is
| punishable as such.  Since you are not authorized to use our seal, I would
| suggest you remove it at once. 
| 
| David J. Morris
| Livingston County Attorney

I managed to track down the relevant law [2], and it states, in part,

| 3. Such seal shall be used and affixed only: (a) by the county clerk of
|    Livingston county or by any deputy or clerk duly authorized by him; and
|    (b) by any justice of the supreme court resident in Livingston county,
|    or by any clerk or officer duly authorized by said justice.
| 
| 4. The use of said seal or of any replica or simulation thereof, in
|    form or substance, by any unauthorized person or for any wrongful
|    purpose, is prohibited. Any violation of this prohibition shall
|    be deemed to be a misdemeanor and punishable as such.

I know that U.S. seals are considered to be covered by some sort of fair use
for our purposes, but can I get a quasi-professional opinion on this?  I
live in Livingston County, so this isn't necessarily an empty threat to me.

[1] http://commons.wikimedia.org/wiki/Image:Seal_of_Livingston_County%2C_New_York.jpg
[2] http://preview.tinyurl.com/2hja24

Thanks,

[[User:Bdesham]]
-- 
Benjamin D. Esham
E-mail/Jabber: bdesham at gmail.com | AIM bdesham128 | PGP D676BB9A
"Shouldn't we give thanks first?"
"Thanks for what?"
"Well, that we're not Native Americans who got their land stolen
 in exchange for smallpox-infested blankets."
"Amen."                                        — /Gilmore Girls/