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COPYRIGHTED WORKS

Discussion in 'Copyright, Trademark, Patent Law' started by Jeni Hinton, Mar 4, 2021.

  1. Jeni Hinton

    Jeni Hinton Law Topic Starter New Member

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    Jurisdiction:
    California
    is a saying copyrightable? i.e. "HAVE A NICE DAY" or would that be more of a trademark?
     
  2. Zigner

    Zigner Well-Known Member

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    Your specific example really wouldn't work well for either, but in general, it could be both.
     
    army judge likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    The subject matter of copyright is covered in section 102 of the Copyright Act (Title 17 of the United States Code). While literary works are within the subject matter of copyright, short sayings, album and book titles, etc. do not have sufficient content to gain copyright protection.

    A trademark is a word, words, sign, design, device or expression which identifies products or services of a particular source from those of others. The sort of saying you're referring to could be a trademark if it is used in commerce to identify the source of particular goods or services.
     
  4. Jeni Hinton

    Jeni Hinton Law Topic Starter New Member

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    Thank you
     
  5. army judge

    army judge Super Moderator

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    Your answer was very "lawyerly", congratulations counselor. ;)
     
    Zigner likes this.

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