How Do You Know a Quote Is Copyrighted
Does copyright protect quotes? To put information technology merely, yes and no.
We've all been at that place at some point. After all, personalised T-shirts with quotes on them are some of the most popular designs out in that location, only can you actually do it? If someone says something that y'all like, can y'all put it on a T-shirt?
The answer, as it often is with most things in life, is complicated.
Copyright VS Trademark
Earlier we dwell in the murky waters of intellectual property, beginning we must acknowledge the difference between copyright and trademark. They're often used interchangeably, but they are not the same. Copyright is used to protect works of art while trademark is designed to protect brands and companies. For example, J K Rowling (the author of the Harry Potter books) has the copyright of the book Harry Potter and the Philosopher'due south Stone, merely its logo has been trademarked past Warner Bros.
Copyright is inherent and universal. The moment you lot create a work of art or literature, you have the copyright, while trademark is a legal stamp a company has to annals in lodge to protect its symbols. If you want to detect out more about copyrights and trademarks, get read the postal service on intellectual property we wrote a few months ago.
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So, tin I put a quote on my T-shirt?
At that place are exceptions (which nosotros will discuss after), but generally speaking, people have the copyright of words they put down on writing. This rule does not apply to the things we say, though. Ideas cannot be copyrighted, which means that if y'all don't want to exist quoted, then don't say anything.
As a full general dominion, always, Ever credit the author properly and you'll avoid about trouble. Merely to exist on the safe side, I would stick to the following rules:
Use a quote if:
Is public domain
Whatever person can quote a piece of work of art it if information technology's public domain (meaning the copyright has expired). In the UK, this happens seventy years later the author's death for most works.
It'southward for a parody, critique or review
In guild to get your point across, you lot are immune to utilize bits and pieces of someone else's work for parodic, critiquing or reviewing reasons. Simply make certain yous're not too offensive because then you may be accused of trying to damage someone else's reputation (that'south chosen defamation — and you can get sued for that).
It's short and/or generic
Copyright doesn't defend brusk sentences arguing that it would stifle inventiveness and therefore beat the purpose of copyright in the start place. The only exception is when the phrase includes the proper name of a recognisable graphic symbol.
It's the lyric of an anthem
Anthems like flags and other national symbols aren't copyrighted.
You said it yourself
Obvious reasons!
Don't utilize a quote on a T-shirt if:
Information technology'southward copyrighted
Just to exist safe, don't quote anything characters say on annihilation scripted similar movies, TV shows and plays or if it'due south a literary work like a novel or poem. The merely exception, like nosotros mentioned in a higher place, would be if the copyright has expired. Authors such as Shakespeare, Poe and Anne Frank are fair use.
It comes from a speech
It is understandable to be inspired past a lecture such as Neil Gaiman'south Commencement Speech at the University of the Arts, but these like all written works are copyrighted.
It's recognisable
If the quote is recognisable and doesn't fall into any of the "safe" categories, I would stay away from it.
Things to keep in mind:
Even if you make certain that there'due south no trademark now on the quote you are borrowing, information technology might notwithstanding get one in the future and that ways that you could get into trouble for using content that wasn't protected, to begin with. As we said before, this is unlikely to happen due to the copyright relationship with short sentences, but still, that doesn't mean that a phrase won't get protected in the hereafter if it becomes popular.
A potential scenario would be using a Youtuber's catchphrase to make a T-shirt. It might exist tempting to greenbacks in on the aqueduct's popularity, especially if they oasis't protected their content, but once they have enough resources they will trademark the expression, trust me.
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Tips:
If you believe that the quote you lot want to use is trademarked, do some enquiry. Look at the UK's Intellectual Property Office. If it is protected and y'all nonetheless wish to utilise it (and you accept the coin), you can still contact whoever holds the rights. Sometimes these companies sell licenses to third parties.
So to sum it up
Quotes can exist trademarked if they're recognisable and mention famous characters. Everyone has the copyright to anything they write down, just it won't be protected if the sentence is short or generic. Also, virtually people won't carp pursuing you for using it on a T-shirt equally long as information technology is properly attributed. When in doubtfulness merely call back:
You lot Can employ a quote on a T-shirt if…
- It'due south public domain
- Its author has died over 70 years agone
- It's a parody
- Information technology's a critique or review
- It's curt and/or generic
- It doesn't mention a recognisable character
- It's the lyric of an anthem
- It was said and non recorded in any way
- Information technology was said by y'all!
Yous CAN'T employ a quote on a T-shirt if…
- Its writer is still alive
- Its writer has been dead for less than 70 years
- It's trademarked (like a famous slogan)
- Information technology comes from a spoken communication
- It comes from a contemporary scripted work
- It comes from a contemporary literary work
- It's recognisable
While we similar to provide useful content to our readers, we feel it is necessary to note that we're not experts on the subject and would suggest seeking legal advice from a lawyer specialised in copyright and/or trademark if you take any doubts.
Text: Harald Meyer-Delius
Research: Luna Giontella
Disclaimer: This article represents the opinions of the author and not necessarily those of Printsome as a company. Neither Printsome nor the author are responsible for copyright or trademark infringements that could be committed past the users of this website.
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Source: https://blog.printsome.com/copyright-protect-quotes/
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