Re: T-shirts and phrases

On Monday, April 25, 2005, at 06:15 PM, carol wrote:

> Adam asked:
>
>> >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.

There could be a copyright in the design, not in the slogan. The artistic expression, caligraphy, colors, layout, etc. could have a copyright so the claim of copyright might well be legit. But such a copyright would often be thin and might be incorrect if there is not even a modicum of creativity in the color, layout, style, etc. But the threshold is low.

Steve

-- 
Prof. Steven D. Jamar                                     vox:  
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Howard University School of Law                           fax:  
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"I am in Birmingham because injustice is here. . . . Injustice anywhere 
is a threat to justice everywhere."

Martin Luther King, Jr., (1963)