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Home Articles Communication The Difference Between What You Can Copyright and What You Can’t Is What Allows Us to Talk to Each Other Without Being Sued
The Difference Between What You Can Copyright and What You Can’t Is What Allows Us to Talk to Each Other Without Being Sued

No matter where you try to make a living in Southern California, the law is the same for everyone because copyright law in the U.S. is governed by international treaties and administered by the Library of Congress.

While everything you write down is automatically protected by copyright treaties that countries like the U.S. have signed, there’s a reason why the same does not apply to words you speak. Otherwise, this would be the result.

Children at school would face this dilemma: “You hit me harder than I hit you,” one child would say. “No, you hit me harder than I hit you,” the other would reply. “You can’t say that,” the first child would say. “I already have that phrase copyrighted. You just infringed my copyright. You owe me big time.” “You just infringed my copyright on ‘You owe me big time,’ the second child might respond. “Now you’re in big trouble.” “But you just infringed my copyrighted phrase, “Now you’re in big trouble,” the first child might respond. I said that in second grade. “Just how many times have you said my phrase?

At this point, the second child would be wise not to say anything further before talking to an attorney.

A whole law firm of lawyers would probably have to be called in, the school might be named as a defendant for not warning the school children not to infringe other children’s copyrighted phrases, and it’s very possible that parent’s fortunes could be at risk if their children were not insured against copyright infringements.

In bars and nightclubs the results could be even more disastrous.

“What’s a nice girl like you doing in a place like this?” a man might ask a woman.

At which point the woman would probably start calling an attorney on her cell phone who would notify the man of how much he would need to pay for using that line.

If the man followed up his initial approach with, “You look familiar. Haven’t I seen you before?” the damages he would have to pay to settle the copyright infringement case would be double.

Even lawyers would not be immune to such results.

Every time a lawyer stood up in court and uttered the usual “Objection,” damages would have to be paid to someone.

The jury member who announced to the court at the conclusion of a case, “Not guilty, your honor,” would also have to fork out some money.

And while the words you write down may be copyrighted, individual words and common phrases are not owned to the exclusion of everyone else.

What is protected by copyright are literary works, i.e. books, music, plays, even advertising. While it is true that a slogan that can be used in advertising and those advertising materials can be copyrighted, the slogan may also be trademarked for use on products. However, the owner of a trademark may not sue others for using that trademarked phrase in daily conversation.



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