Do you need permission to use the American flag on a shop sign in the
UK? - If so how do you go about it?

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Request for Question Clarification by siliconsamurai-ga on 25 Feb 2005 11:54 PST

If you feel the sum of my comments constitute an answer, please let me
know and I will post them as such. You are under no obligation to do
this.

Good luck with your business.

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Clarification of Question by fiscalfrog-ga on 27 Feb 2005 00:50 PST

Your answers are a bit anecdotal rather than a definitive answer and
you suggest what may be the position in the UK as against the actual
position in the US - Therefore I would be reticent to base a decision
to put a sign up on the basis of this answer - however, you have taken
the trouble to post 3 times and clarify someone else's answers so post
the answer - it was worth $3 ;-)

the short answer is that you can do almost anything with it, although
my might anger some tourists if you do something nasty to it.

The U.S. Flag Code technically prohibits the use of the flag in
advertising. However, the code does not specify any penalties for
breaking the law, and companies use the flag in advertising all the
time. Anyway, the law wouldn't apply overseas.

I might point out that displaying Old Glory upside down is a distress
signal. I mention that because I can't tell when the Union Jack is
upside down so it probably doesn't apply and you might not realize the
tradition.

There are lots of rules about displaying the flag in this country,
such as not flying it after dark unless you spotlight it, and changing
it when it becomes tattered, but even here most people ignore it.

No permission needed from any U.S. entity.  Check U.K. law, though,
about display of foreign flags.

America's flag authority is the National Flag Foundation. They don't
have a web site, but there is a proprietary 'Flash' presentation
online at
http://www.americanflags.org/html/index.flash.html
The flag etiquette section of that site says:

     ?The flag should never be used for advertising purposes in any
manner whatsoever.  It should not be embroidered on such articles as
cushions or handkerchiefs and the like, printed or otherwise impressed
on paper napkins or boxes or anything that is designed for temporary
use and discard.  Advertising signs should not be fastened to a staff
or halyard from which the flag is flown.?(U.S  Code, Title 4,
Chapter1, Section 8(i))
     The U.S. Code as it relates to the flag is advisory only and has
no penalities attached to it at this time.

You might require planning permission for the flag, as it may be
treated under planning law as an exterior advertisement. Note (my
emphasis):

     Under the Town and Country Planning Act 1990, flags come with the
definition of "advertisement". Their display is controlled by the Town
and Country Planning (Control of Advertisements) Regulations 1992.
     However, under Schedule 2 of the Regulations, the national flag
of any country, and this includes the Union flag, is exempt from
advertisement control PROVIDED each flag is flown from a single
vertical flagstaff and neither the flag nor the flagstaff display any
advertisement additional to the design of the flag.
http://www.culture.gov.uk/flagflying/faqs.htm#planning

You might also be subject to trades descriptions law, if showing the
US flag or its image could be interpreted as a description of the
goods or services you provide (eg near me there is an 'All American'
steakhouse. I doubt very much that they use American beef -- it would
be illegal in this country as our rules on hormones are stricter).

Owain

Owain, your comments only apply to the use in the U.S. and, even if
they had the force of law here (the supreme court says they don't),
they have absolutely zero relevance to this client.

The only laws he needs to look at are those of the U.K.

The only customs he needs to pay attention to are those which would
annoy his customers and that depends a lot on who his customers are.

For Siliconsamurai's elucidation:  On the Union Jack, the red diagonal
stripes on the white diagonal ones are offset (don't know why). 
Correctly flown, these red stripes at the fly (the loose end of the
flag) are in the upper section of the white stripes.
But don't worry, any time you see a photo of people waving flags for
the Queen, you can see ones that are upside down.
As you no doubt know, the Union Jack is the cross of St. George
(England) overlaid  on the cross of St. Andrew, and the red diagonals
were added for Northern Ireland, not with much heraldic basis, I
believe.  I keep hoping N. Ireland will join the Republic of Ireland
one day and wonder if the British will then remove the red diagonals.

myorain, you're right, as a proud member of the Clan McLain who has
dogs named both Claymore and Arborath Defender,  I know quite a bit
about the Union Jack, but, unlike the stars and stripes you can't tell
at a glance if it is upside down so I never saw that used as a
distress signal. (GRIN)

Thanks.  The Brits never anticipated having to use their national flag
as a distress signal, and I doubt they ever have. Nail your flag to
the mast and go down with colours flying.  - an interesting question
for you, but I won't ask it.
My godmother came from the Shetlands, so I have a special affection
for Scotland and the Scots  - despite her clarifications that the
Shetlanders are really Vikings, maybe with respect for my Norwegian
mother, who preferred Scotch to my father's choice of Bourbon, and got
a bottle for her 90th birthday from him.
 And now my sisters may discover who Myoarin is ...

Well, I don't quiet see how I can give a "definitive" answer since
there is absolutely no US Code or even precedents in U.S. law which
can possibly apply to you in a foreign country, but I certainly don't
want to bill you for something you don't feel is a complete answer so
I will leave it for another researcher to reply.