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"Saying Sorry Is A Sign Of Weakness" Slogan Rights Question

by KenJ
8 replies
There is a current thread about image rights here. I am quite clear on this issue. You do not have the rights to use a celebrity image freely on anything.

But what about slogans? The above slogan is from the Gibbs character on NCIS. Is this, or something like it, in anyway copyrightable?

Your views please

KenJ
#question #rights #slogan
  • Profile picture of the author DogScout
    A slogan used in trade can be trademarked... otherwise, a comment by a fictional character would seem to be available... Ryan O Neal's 'Love is never having to say you're sorry', was highly used both commercially and entertainingly. & Of course, a lawyer is the one to ask... myself, I'd use it.
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  • Profile picture of the author Myles Sinclair
    Originally Posted by KenJ View Post

    ".........what about slogans? The above slogan is from the Gibbs character on NCIS. Is this, or something like it, in anyway copyrightable?

    Your views please...."
    Ken,

    The short answer is no. (with exceptions) Here's what the U.S. Copyright Office has to say on the subject -

    Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
    The example you gave rang a bell with me and sounded like the sort of thing John Wayne would have said. A quick search found this extract from the film She Wore a Yellow Ribbon (1949) -

    ".......or you'd know never to apologize... it's a sign of weakness."
    It looks like the writers of NCIS have been watching old movies! Lol. It probably wasn't original in 1949 either!
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  • Profile picture of the author KenJ
    I agree Myles

    I think there are few if any restrictions on slogans and catchphrases. This is just as well knowing what business I am about to go into.

    I can't think that a short form of words can be copyright other than specific trademarks.

    E.G. Think of all the "Keep Calm" variations out there on T-shirts and other materials.

    KenJ
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    • Profile picture of the author wtatlas
      Slogans can't be copyrighted but they can be a registered trademark. The phrase you mention has been in common use for a long time so I would doubt if it would be accepted as a trademark but who knows?

      The "Keep Calm and Carry On" slogan is, in fact, a registered trademark, check the link below...
      KEEP CALM CAMPAIGN
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  • Profile picture of the author KenJ
    I do have some phrases in mind that I want to use on future products. They are catchphrases used by presenters and actors on TV. I will consult an expert to clarify this.
    Any more opinions?

    KenJ
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    • Profile picture of the author wtatlas
      There's an excellent article at Let's Get Ready to Rumble: Trademarking Your Catch Phrase | LegalZoom. From this article it seems that the rights to the trademark of catchphrases are granted automatically, (a bit like copyright for articles or photos), in that the rights are automatically assigned, i.e. there is no need to formally register a catchphrase to make it yours. Unlike copyright, however, trademark rights arise from actual and, presumably, regular use. If a trademark is registered, then the registered owner has some legal protection to prevent others using the trademark.

      It would seem that the best way to approach something like this would be to first make a search to see if a catchphrase is registered. In the UK go to Intellectual Property Office - Trade marks. If it isn't, then take expert advice, as you suggest, before using it.
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  • Profile picture of the author Istvan Horvath
    KenJ,
    Just make sure you understand the difference between copyright and trademark... otherwise it would be difficult to communicate with a lawyer/expert.
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  • Profile picture of the author KenJ
    Thanks George/Istvan

    I'll leave the decision over what to use and what not to with my legal expert. He has helped me out before on a copyright issue and knows his stuff. Trouble is that he is expensive.

    It is interesting (To me at least) to hear views from other warriors.

    KenJ
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