Legal Question in Intellectual Property in Arizona
Quotations in motivational posters
We are developing a line of retail posters that combine photo images (for which we have purchased licensing rights) and motivational quotations that are typically 1 or 2 sentences long. Some quotations are well known, some are more obscure. Similarly, some of the "authors" are well known (e.g. Abraham Lincoln), some are not. Some are dead, some are alive (e.g. Margaret Thatcher, Peter Drucker, Brian Tracy). What laws apply to use of these words and the names that (reportedly) spoke or wrote them?
We realize that the ideal solution would be to obtain individual clearance from each author, but we can't obtain contact information in all cases, so this is not a realistic solution. We have consulted with two intellectual property attorneys, but do not have a clear answer as to whether this type of use constitutes infringement. Any opinions or resources you can give us would be greatly appreciated.
2 Answers from Attorneys
Re: Quotations in motivational posters
RE: Using quotes from Lincoln, Thatcher, Drucker, Tracy
This is a general response to a general question, since you have not provided a specific quotation that you intend to use.
1) If the quotations are 20 words or less than that, such pithy statements are probably not be copyrightable, due to brevity. If that is the case, your use thereof would not be infringing.
2) If the quotations that you are using are taken from a recently written work that is copyrighted, then research whether that quotation is included in the copyright. (For example, the author of a copyrighted Lincoln biography that recites the Gettysburg Address, could not claim infringement for your use of that public domain speech.)
3) Also, you can check with the Copyright Office to learn whether a written work is registered as a copyright.
4) Finally, I recommend research on whether a specific quotation is being used by your competitors for similar motivational posters. (If so, the issue may be unfair competition under the Lanham Act, rather than copyright infringement.)
Joseph Taddeo
Attorney Joseph H. Taddeo
23240 Chagrin Blvd., Bldg. 4, #600
Re: Quotations in motivational posters
The quotations are likely public domain material, unless excerpted from a recent book or article that is copyrighted. Even there, with proper attribution to the author, and provided the quotations are very short, there is minimal risk from a copyright standpoint. There is, however, a trademark risk involved in use of quotations. You should check to be sure no one has registered the quote as a trademark for posters, so you can eliminate that risk. I, or any other competent trademark attorney or patent attorney, can assist you in doing that if you do not know how.
When you say you purchased "licensing rights", I presume you mean you obtained a license to USE the photos and not that you purchased the licensing rights (the right to license others.)
Bruce Burdick
Herzog, Crebs & McGhee, LLP
One City Centre - 24th Floor
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