Intellectual Property Insights from Fishman Stewart
Newsletter – Volume 25, Issue 24
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Find a Penny, Pick it Up?
In British and American culture, finding a penny is traditionally considered to be sign of luck. “Find a penny, pick it up, and all the day you’ll have good luck.”
I’d pick up a penny any day. Except that the U.S. Mint stopped producing penny coins around May 2025, pursuant to a directive from the Trump Administration. As a result, penny coins (.01¢) have left retailers in turmoil, with many rounding down to avoid potential lawsuits, and others requiring customers to use exact change. Due to penny shortages, it seems unlikely that we’ll find lucky pennies on the street going forward.
In Intellectual Property terms, it is generally accepted that works by employees of the U.S. government are not entitled to domestic copyright protection under U.S. law. Accordingly, these works are considered to be in the public domain, and therefore free for all to use. For example, the current reverse “Union Shield” design was introduced in 2010 by a U.S. Mint artist and is in the public domain. Moreover, the design on all coins “published” before March 1, 1989, are explicitly in the public domain because they were published without a proper copyright notice.
Below is a picture of some shiny and not-so-shiny pennies:
The 1909-S VDB Lincoln cent remains one of the most popular United States coins, As a result, it has been the most commonly altered and counterfeited collectible. Genuine 1909 Lincoln coins command thousands of dollars.
Finally, the U.S. Mint reserves its rights with respect to third-party works and its rights outside of the U.S.
Next up? The U.S. nickel (.05¢) may be the next to go down. In 2024, a nickel cost 13¢ to produce, which makes it even less efficient than the penny, which costs about 3.7¢ to make and distribute.
Tracy Zawaski has experience in domestic and international trademark prosecution, trademark clearance searches and counseling, copyright prosecution, trademark and copyright licensing.
Fishman Stewart repeats Tier 1 rankings on highly regarded Best Law Firms® list for 2026
Fishman Stewart PLLC has earned Tier 1 rankings in Litigation – Intellectual Property and Trademark Law in the 2026 Best Law Firms® – United States edition by Best Lawyers®. The recognition reflects our continued excellence, professionalism, and integrity in IP law. As multi-year honorees, our inclusion follows seven attorneys being named to Best Lawyers in America® and Ones to Watch® for 2025. Read the full press release here.
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