T-shirts and phrases

Adam asked:

>Even though phrases cannot be copyrighted, wouldnt someone taking the
exact same phrase >from the original author and producing them in the same manner (i.e. t-shirts) in their area still >be considered unfair competition? (I apologize if the answer is obvious, I am just not very well >read in unfair competition law)

Basically, no. If there are no ownership rights in the slogan (and I agree that sometimes small phrases CAN take on ownership altho I'd argue that "ET Phone Home" became a trademark and protectible as such rather than under unfair competition), there's no unfair competition. Keep in mind too that this is a two way street. Any phrase YOU put on a t-shirt that doesn't rise to the level of copyrightable can be take by anyone else. So get in and sell like mad before others figure it out. (a practical suggestion)

>Knowing that phrases cannot be copyrighted, and if producing the exact
same phrase on the >same medium of expression (t-shirts) for sale does not qualify as unfair competition, then why do these companies place a copyright at the bottom of the phrase?

To scare people off. And because a lot of people still think that a copyright notice has heavy legal significance. People ALSO still think that mailing yourself a copy of something you've created = copyright. Welcome to the land of urban myths.

>Is it perfectly fine for them to lable it as copyrighted when it is not?

At the moment (and given the new bill that may chance), there is no law against putting a copyright notice on something that isn't, in fact, copyrightable.

> If it is just to discourage people and gives them no real protection,
then can someone just look >at online stores that sell t-shirts with comical phrases on them and then just print the same >comical phrases themselves for sale?

Unless there are trademark issues, not only can they but they do it all the time.

>Although I am very confident in my ability to form legitamite parody,
that does not tie the >company with drugs or anything actually negative to their image, even winning a case the >company could bring against myself would still leave me with large legal bills.

Parody is a constantly moving target. And you're right that big companies have lots more money than you do.

 Now can geographic entities (cities, counties, states, countries) make claims against the selling t-shirts that use there name?

No. It's parodies of registered trademarks (for example, Toker Oats for Quaker Oats) that tick people/companies off. I think the folks in Wisconsin mostly laugh at alcohol stuff, don't they? If you're unsure, follow rule one: consult a local attorney with knowledge in this area.?

>On a side note I would like to know how a man did come to obtain
copyrights to phrases. >Could you point us in the direction of the material?

I haven't figured it out. As Geoffrey Rush says in Shakespeare in Love: It's a mystery. Anyone else?

Carol Busby

-- 
Carol A. Busby
Attorney at Law
875 Country Club Road
Eugene, OR  97401-2255
541-484-6860; fax: 541-687-1891