COPYRIGHTED WORKS

[Jeni Hinton]

Jurisdiction

California

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

 

[Zigner]

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

Your specific example really wouldn't work well for either, but in general, it could be both.

 

[zddoodah]

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.

 

[Jeni Hinton]

Your specific example really wouldn't work well for either, but in general, it could be both.

Thank you

 

[army judge]

Your specific example really wouldn't work well for either, but in general, it could be both.

Your answer was very "lawyerly", congratulations counselor.