Discussion:
Location: Washington State.
To whom it may concern:
I'm in the art business and I'm just starting to design and make novelty aluminum signs.
I draw all my own art and it's created with a machine that cuts vinyl. One of my major competitors
has several signs I'd like to copy but NOT duplicate every exact detail. In other words I have to draw the sign with Adobe Illustrator. It will have my own creative look but the text (catch phrase) will be the same.
A lot of the signs have short catchy phrases like a warning sign that says "Protected by German
Shepherd with Attitude." My text would say the same but the lay out would be my own design
and the German shepherd dog graphic would be also hand draw by me. The sign is in no way
a duplication or a photocopy. I'm only using the catche phase. I would think this is no different then
publishing the bumper stick "Whatever" or "Got milk". As long as it's not a exact duplication I
would think it's ok, correct? I see others making their own signs everywhere and they all say similar
phases. I just want to make sure my competition is not going to sue me for using the phrases they use.
I thought you could not copyright a common phase or saying?
Any advice would be greatly appreciated. Thank-you for your time.
Sincerely,
Dave
F.V. Inc.
Answer:
"I just want to make sure my competition is not going to sue me for using the phrases they use."
Well, you can never be SURE nobody will sue you -- anybody can sue anybody for anything -- but you can put yourself in a position in which it will at least be difficult for them to win...
"I thought you could not copyright a common phase or saying?"
This is generally, although not universally, true. However, even in the absense of a copyright, someone could hold a trademark on the phrase and protect it that way.
"As long as it's not a exact duplication I
would think it's ok, correct?"
No. If a copyright or trademark exists, in some cases it will also cover things that are not exact duplicates.
However, all of that said, unless you are dealing with a slogan that is associated with a big entity -- like "Got Milk" or "Ultimate Driving Machine" -- both of which are covered by registered trademarks -- you probably don't have anything to worry about. As always, you could talk to a lawyer before making a big investment. You can check to see if a phrase is registered as a trademark by going to the USPTO website at and searching trademarks. If it is not, it is unlikely anyone can keep you from using the phrases.
Answer:
Ok my competition has no trademarks to the phases on theirs signs but they have a registered copyright with the US copyright office. It says ...
Title: Novelty signs by (their company name here)
Description: Art reproductions.
Note: Includes text.
Claimant: [Author and claimant] (His name is here) , 1943- (ac(their company name here), pseud.)
Created: 1998
Registered: 5Jan01
Miscellaneous: C.O. corres.
Special Codes: 5/S
However how can you copyright all the text when it's general red "NO PARKING" signs that say like "Democrat parking ONLY....all others will be impeached." (picture of a donkey in middle of "No Parking" sign) when there are thousands of signs they sell with similar funny phases. The same phases you'd see on bumper stickers and regular street signs. How can they trademark ALL their phases. According to my secure on the trademark web site they have no trademarks registered. Therefore they have no trademarks to protect their phases. I mean the guy can make any sign he wants and claim its his copyright. Even if someone else came up with the phase first. This all seems too vague for it to be fair. Please remember this is not a duplication like a photocopy. All signs are hand made and machine cut with our own machine and lay out. If I made the sign no parking sign with a different lay out with a different donkey graphic and font would I be safe? What about tattoo flash? A famous artist copyrights his tattoo drawings to sell to other artists. Then the other artist will look at the famous drawing and copy it to someone's skin. In that case it's not an infringement because it's the artists interpretation of the drawing but essential it looks just like the original. What do you think?
Sincerely,
Dave
F.V. Inc.
Answer:
"However how can you copyright all the text when it's general red "NO PARKING" signs that say like "Democrat parking ONLY....all others will be impeached." (picture of a donkey in middle of "No Parking" sign) when there are thousands of signs they sell with similar funny phases."
In this context, it is extremely unlikely that the text, standing alone, is copyrighted -- rather, the copyright is on the entire artistic work, including the text, and not on each subpart individually.
"Therefore they have no trademarks to protect their phases"
Not entirely true. They have no REGISTERED trademarks, but there wtill could be common-law or state trademarks protections available to them -- but it is probably not something to worry about.
"I mean the guy can make any sign he wants and claim its his copyright."
Again, not thephrase itself, but the phrase in conjunction with his creative design.
"If I made the sign no parking sign with a different lay out with a different donkey graphic and font would I be safe?"
Hard to say. Unfrontunately, there are no hard-and-fast rules to easily determine what is "too similar" to a copyrighted work and therefore infringing. The more dissimilar you are to his copyrighted work, the less likely it would be that your work would infringe on his. There would be no prohibition on you making a funny no parking sign -- a copyright does not cover a "concept" -- but you can't make it too similar to his, or you risk an infringement lawsuit. This is something you might want to talk with an experienced copyright lawyer about.
"hat about tattoo flash? A famous artist copyrights his tattoo drawings to sell to other artists. Then the other artist will look at the famous drawing and copy it to someone's skin. In that case it's not an infringement because it's the artists interpretation of the drawing but essential it looks just like the original."
This is completely different. When the original artist sells his work to other tattoo artists, there is very likely some license associated with it to allow the other tattoo artist to use the design without infringment -- otherwise the design would be useless. However, if another artist used the design without permission, this WOULD be infringement of theoriginal artist's copyright.
So, to summarize, his copyright does not give him ownership of thephrases themselves, but does protect the phrases in combination with his design for the novelty sign. You could most likely use these phrases for your own signs, but you would need to ensure that your designs are sufficiently novel so that they do not infringe on his copyright. If you are going to invest any significant amount of money on this venture, it would be advisable to talk with a local attorney experienced in copyrights, who can review all of the relevant facts and see samples of both yours and his works.
Answer:
Actually, your concern is NOT copyright, but more likely trademark infringement. If you infringe on someone's registered trademark, you will likely be sued or at least ordered to cease and turn over any profits.