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Phrases, sayings and slogans

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place | 02:23 Wed 30th May 2007 | Law
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Are phrases, sayings or slogans subject to copyright protection?
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I doubt phrases or sayings could be subject to copyright, but slogans could be.
Nestles tried to copyright "Have a break" recently in relation to Kit Kat and they failed since it was a well used and known phrase separate from the product. They have however now successfully gone for something like "Make the most of your break".
Perhaps for guidance if a product and its advertising/promotion led to the wording then it could well be subject to copyright.
Everything is always subject to copyright as soon as it is published/created by the owner.
If it is a trademark then you certainly do not have the right to use it.
If it is a copyright and for some reason you want to use it, you have to get the permission to use it but if you are using it for a totally different business which has no relation to the original owner you can use it but it is wise to get the permission first so there is no conflict.
If it is a matter of ownership then dates will comes into effect, i.e. who created it first.

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