# Overprinting postage stamps: legal?

**URL:** <https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984>\
**Category:** Factual Questions\
**Created:** [February 24, 2006, 10:06pm UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984 "2006-02-24T22:06:12Z")\
**Posts on this page:** 12\
**Page:** 1

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [February 24, 2006, 10:06pm UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/1 "2006-02-24T22:06:12Z")

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I recently came across Wikipedia’s article on [private overprinting](http://en.wikipedia.org/wiki/Private_overprints) of postage stamps. This basically entails having pictures or text rubberstamped overtop of a postage stamp by some person or entity other than a government or other official stamp-issuing entity. Quoth Wikipedia:

> [@](#):
>
> Private overprints tend to be used to express political opinions, or to commemorate some event by creating collectors’ items (in cases in which the overprinted stamps cannot be used). For instance, German sympathisers in the Sudetenland privately overprinted Czechoslovakian stamps with swastikas before the annexation, and in Italy, after the fall of Mussolini and his establishment of the Italian Social Republic, stamps of the King were overprinted with fasces by Fascist sympathizers.

This sounds like something I’d be interested in doing. Well, not overprinting swastikas or fascist logos, but rather adding a personal touch to my outgoing mail with a nice custom logo or text on the stamps. Unfortunately, the Wikipedia article doesn’t state whether overprinting is legal or if it invalidates the stamps. (It does reference a case of Oxford Union Society asking the Royal Mail for permission to overprint, but that was in 1859, so for all I know the rules have since changed.)

So, my question is then as follows: is it currently legal to send mail with overprinted stamps in the UK, the USA, Canada, or anywhere else? If yes, do the overprinted stamps count as vaild postage? (If not, I suppose I can always buy a bunch of penny stamps to overprint and then also affix sufficient non-overprinted postage beside them.)

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**Author:** ![35340](https://avatars.discourse-cdn.com/v4/letter/3/8baadc/32.png) [@35340](https://boards.straightdope.com/u/35340)\
**Post date:** [February 24, 2006, 10:33pm UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/2 "2006-02-24T22:33:10Z")

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You can have cafepress or [stamps.com](http://stamps.com) print you stamps with any picture you like, creating your own custom legal postal tender if overprinting doesn’t pan out.

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [February 24, 2006, 11:40pm UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/3 "2006-02-24T23:40:55Z")

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> [@Mynn](#):
>
> You can have cafepress or [stamps.com](http://stamps.com) print you stamps with any picture you like, creating your own custom legal postal tender if overprinting doesn’t pan out.

Not in the UK, I can’t. But anyway, I think it would be more fun to overprint; the idea of stamping spectacles, a moustache, and goatee on the queen amuses me. 🙂

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**Author:** ![Dead\_Cat](https://avatars.discourse-cdn.com/v4/letter/d/9fc29f/32.png) [@Dead\_Cat](https://boards.straightdope.com/u/Dead_Cat)\
**Post date:** [February 25, 2006, 12:24am UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/4 "2006-02-25T00:24:53Z")

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Since you’ve mentioned that, can anyone debunk the idea that it is illegal to deface the queen’s image?

As to the OP, I got nothin’, other than to say: surely you can personalise your post by decorating the envelope, rather than the stamp itself? I would also assume that an overprinted stamp would not be acceptable since that is what a postmark is for, so the stamp would look like it had already been used.

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [February 25, 2006, 1:11am UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/5 "2006-02-25T01:11:07Z")

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> [@Dead Cat](#):
>
> As to the OP, I got nothin’, other than to say: surely you can personalise your post by decorating the envelope, rather than the stamp itself?

Surely I could. But then that wouldn’t be nearly so unique an embellishment. Besides, what if I wanted to alter a particular stamp in a certain humorous or political way? The joke or message might be more potent when applied directly to the stamp instead of made elsewhere on the envelope. For example, an anti-monarchist slogan such as “Down with the monarchy!” overprinted on the queen would be a political statement, whereas the same slogan printed elsewhere on the envelope would seem oddly hypocritical if one used the ubiquitous [Machin stamps](http://en.wikipedia.org/wiki/Machin_series).

> [@](#):
>
> I would also assume that an overprinted stamp would not be acceptable since that is what a postmark is for, so the stamp would look like it had already been used.

I dunno; IMHO a moustache on a portrait or a slogan stamped with odd-coloured ink couldn’t easily be mistaken as a cancellation. I think postal workers are familiar enough with cancellation marks to recognize a valid one.

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**Author:** ![Dead\_Cat](https://avatars.discourse-cdn.com/v4/letter/d/9fc29f/32.png) [@Dead\_Cat](https://boards.straightdope.com/u/Dead_Cat)\
**Post date:** [February 25, 2006, 2:50am UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/6 "2006-02-25T02:50:15Z")

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> [@psychonaut](#):
>
> Surely I could. But then that wouldn’t be nearly so unique an embellishment. Besides, what if I wanted to alter a particular stamp in a certain humorous or political way? The joke or message might be more potent when applied directly to the stamp instead of made elsewhere on the envelope. For example, an anti-monarchist slogan such as “Down with the monarchy!” overprinted on the queen would be a political statement, whereas the same slogan printed elsewhere on the envelope would seem oddly hypocritical if one used the ubiquitous Machin stamps.

Fair enough :).

> [@psychonaut](#):
>
> I dunno; IMHO a moustache on a portrait or a slogan stamped with odd-coloured ink couldn’t easily be mistaken as a cancellation. I think postal workers are familiar enough with cancellation marks to recognize a valid one.

You’re probably right, unless this is checked by a machine. Also, some postmarks are not very clear, so I can see potential for confusion. Let’s hope someone can give a firmer answer to all these questions!

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**Author:** ![Lips\_Obsession](https://avatars.discourse-cdn.com/v4/letter/l/bbce88/32.png) [@Lips\_Obsession](https://boards.straightdope.com/u/Lips_Obsession)\
**Post date:** [February 27, 2006, 3:24pm UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/7 "2006-02-27T15:24:12Z")

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> [@Mynn](#):
>
> You can have cafepress or [stamps.com](http://stamps.com) print you stamps with any picture you like, creating your own custom legal postal tender if overprinting doesn’t pan out.

There are quite a few restrictions on what kind of pictures you can have printed. The first test-run of this service had a bunch of people trying to “push” the limits and they submitted pictures of mass-murderers and other political nare-do-wells and tried to sneak them thru. Many did get past the censors. So they’re really watching things now, and I suspect that any kind of political message would be prohibited. In fact, I think you can only do personal photos and such on the stamps…

Here are the restrictions from the [Stamps.com](http://Stamps.com) website:

> [@](#):
>
> 1. Content Restrictions
> 
> You agree not to use the PhotoStamps website or service:
> 
> A. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;  
> B. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;  
> C. To upload, order for print, or otherwise transmit or communicate any material that is to be used for business advertising or notices;  
> D. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;  
> E. To upload or otherwise transmit any material which is likely to cause harm to the PhotoStamps service or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the PhotoStamps service or which may cause any defect, error, malfunction or corruption to the service; and  
> F. To upload, order for print, or otherwise transmit or communicate any material that emulates any form of valid indicia or payment for postage.
> 
> You agree that if [Stamps.com](http://Stamps.com), in its sole discretion, determines that any material you upload may not meet these content requirements, [Stamps.com](http://Stamps.com) may reject your order without explanation. [Stamps.com](http://Stamps.com) reserves the right to charge a processing fee of $10.00 for each image, graphic or photograph that you submit as an order in the PhotoStamps service which violates our content restrictions.
> 
> In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that [Stamps.com](http://Stamps.com) will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [February 27, 2006, 5:05pm UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/8 "2006-02-27T17:05:36Z")

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> [@Lips\_Obsession](#):
>
> There are quite a few restrictions on what kind of pictures you can have printed. The first test-run of this service had a bunch of people trying to “push” the limits and they submitted pictures of mass-murderers and other political nare-do-wells and tried to sneak them thru. Many did get past the censors.

[The Smoking Gun](http://www.thesmokinggun.com/archive/0831041_photostamps_1.html) got quite a few through, including images of Slobodan Milosevic, Julius and Ethel Rosenberg, Nicolae Ceaucescu, and Monica Lewinsky’s semen-stained dress.

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [March 29, 2006, 9:12am UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/9 "2006-03-29T09:12:15Z")

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I made an enquiry to the Royal Mail and just got back a rather surprising response. In summary, they claim that private overprints are not permitted, not because the overprint counts as a cancellation mark, but because it is “breach of copyright”. I’m rather skeptical of this claim, since although an overprint indeed modifies the stamp, it’s not being published. In my view overprinting a stamp is no more breach of copyright than writing annotations in a book you own.

Here’s the text of their letter to me:

> [@](#):
>
> Dear Mr Miller
> 
> Thank you for your enquiry about printing [_sic_] your own stamps.
> 
> Having made enquiries you are not permitted to do this as it would be a breach of copyright. You can however use a new service we have brought in called Smart Stamp [_sic_], which allows you to print from a home computer a postage impression similar to franking postage seen on many business envelopes. You can download the software or order a free CDROM from [www.royalmail.com/SmartStamp](http://www.royalmail.com/SmartStamp) [_sic_—the actual URL is [http://www.royalmail.com/smartstamp/](http://www.royalmail.com/smartstamp/)].
> 
> Thank you for contacting me about this matter and I hope you will find my reply both helpful and informative. If we can be of any more help, please contact us again.
> 
> Yours sincerely  
> John Lowe  
> Customer Service Advisor

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**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\
**Post date:** [March 29, 2006, 11:34am UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/10 "2006-03-29T11:34:13Z")

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I would suspect that copywrite comes up due to the rights to **modify** and to **distribute**. In open source software, these are the main things that are being turned over by the copywrite holder in the license. So assuming that is translatable to stamps, I can see how that could theoretically be an issue.

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [March 29, 2006, 1:55pm UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/11 "2006-03-29T13:55:04Z")

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[QUOTE=Sage Rat]  
I would suspect that copywrite comes up due to the rights to **modify** and to **distribute**. In open source software, these are the main things that are being turned over by the copywrite holder in the license. So assuming that is translatable to stamps, I can see how that could theoretically be an issue.  
[/QUOTE]  
Hey, no one is talking about mass-producing and then publishing or selling these overprinted stamps. I would be buying the stamps from the post office, defacing them, and then giving them right back to the post office (albeit stuck onto an envelope) in payment of services. The only two entities involved in this transaction are me and the post office, so I don’t see how this could be considered “distributing”. Once the stamps are given back to the post office, who is the rightful owner of the intellectual property thereon, whatever they choose to do with them is their business. If they deliver them as-is, then they’re the ones doing the “distribution”. They’re perfectly free to return the envelope to me, or to remove and destroy the stamps before delivery, if they don’t want their IP being distributed.

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**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\
**Post date:** [March 30, 2006, 10:13am UTC](https://boards.straightdope.com/t/overprinting-postage-stamps-legal/345984/12 "2006-03-30T10:13:22Z")

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[QUOTE=Sage Rat]  
I would suspect that copywrite comes up due to the rights to **modify** and to **distribute**. In open source software, these are the main things that are being turned over by the copywrite holder in the license. So assuming that is translatable to stamps, I can see how that could theoretically be an issue.  
[/QUOTE]

Just my own suspicions, but that doesn’t make much sense to me. Would writing margin notes in my own book violate copyright? I can deface my own book however I like, and the copyright law can’t touch me. Why would a single stamp be any different, so long as the image is not published somehow?
