The Protectability of Short Phrases

While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

 

Show Notes:

Scott:
Show me the money. Who you going to call? Go ahead, make my day. These are a few iconic phrases with significant equity. But protection of catchphrases like this are spotty. We are going to talk about the protectability of short phrases on this next installment of the Briefing by Weintraub Tobin.

Scott:
Iconic short phrases are worth their weight in gold, and the creators of those short phrases would probably like to prevent others from using those phrases under any circumstances. That’s not always possible.

Tara:
Let’s first talk about quoting a short phrase in another first creative work, such as in a book, TV show, movie, or song. In order for the author of the short phrase to prevent it from being quoted in such a manner, that short phrase would have to be protectable under Copyright law, and that isn’t the case.

Scott:
That’s right. Short phrases are not protectable under US Copyright law. According to a Copyright Office Circular, short phrases, such as slogans, are uncopyrightable because they contain an insufficient amount of authorship. Even if the Copyright Office will not register short phrase even if they are novel, distinctive, or lends itself to a play on words.

Tara:
And if a work is not protectable under copyright, then it can’t be the subject of a copyright infringement claim. But that doesn’t mean that all uses of a third party’s short phrase is always ok.

Scott:
Right. While the quotation of a short phrase in books and movies may not be actionable, the use of “let’s get ready to rumble” in connection with the sale of goods or services could certainly bring a lawsuit.

Tara:
It likely would. Michael Buffer, the well-known wrestling and boxing announcer, owns a registered trademark for “Let’s get ready to Rumble” and has been quite active in policing its use.

Scott:
Trademark protection is the best form of IP protection for short phrases. Short phrases are very well suited for trademark protection as long as such phrase is distinctive and are used in connection with goods or services.

Tara:
Just Do It is a great example of a short phrase that became a well-known trademark. But what about a quote from a movie?

Scott:
Well, a quote like “ET Phone Home” could be protectable for the merchandise but not likely for the movie itself.