More details to this question:
I'm starting a T-shirt company. I'm taking all my own photos. My question is what wording am I allowed to use? Like I've seen people post "Too Cute Too Cry" on social media, although there is no author or even an unknown after it, can I still use it? Also quotes from reality TV and interviews, can I use them, or are they considered copyrighted?
3 ANSWERS
Theodore M. Roe
You may be confused with regard to trademark and copyright law. This is an extremely common mistake. I believe that you are speaking about trademarks. A trademark is a name, logo or slogan. The "quotes" you reference could be a slogan. Certainly you will want to hire a qualified IP attorney to determine whether you can use these without substantial liability. Use of a trademark dictates ownership of that mark. Registration is certainly helpful and could access triple damage and attorney provisions, but someone's use of the trademark could mean that you could get sued for infringement should you start using it.
Answered on Jun 26th, 2013 at 8:23 PM
Susan Marie Basko
You'd have to check on each quote or phrase you hope to use and see if it is registered as copyright or trademark. Generally, a short phrase cannot be copyrighted, but it might be trademarked. That's why it makes sense to get specific legal advice, from a lawyer, about exactly what you plan to do. Bring on a good lawyer and have them check out your designs and words. The cost will be well worth it.
Answered on Jun 26th, 2013 at 8:06 PM
Generally copyright protection does not extend to quotes. However, some quotes are registered trademarks and those cannot be used without permission.
Answered on Jun 26th, 2013 at 10:05 AM