How to Know if Card Sayings Are Copyrighted

Some greeting card sayings are copyrighted, which means using them without permission could lead to legal trouble. Before using a phrase, it's important to check if it's protected under copyright law. There are ways to verify this, and if a phrase is copyrighted, you still have options. You can request permission, rewrite the saying, or even protect your own original phrases.

What's copyright, and does it cover card sayings?

Copyright law protects creative works like books, songs, artwork, and greeting card sayings. But not every short phrase qualifies. To be copyrighted, a saying must be unique, not a common phrase. It must also be creative, so simple words like "Happy Birthday" don't count. The phrase must be written or recorded somewhere to be protected. Very short phrases like "Thinking of you" are usually not copyrighted. But a unique poem or an original saying might be.

How to check if a card saying is copyrighted

Before you print or sell a greeting card with a clever saying, do your homework. Here's how:

1. Search copyright databases

Start by using a reliable online copyright search tool to check if a greeting card saying is protected. These tools provide a broader review of copyrighted works, including those that may not be officially registered but still hold protection.

Next, visit the US Copyright Office database and use the search tool to look up registered copyrights. Keep in mind that a saying doesn't need to be registered to be protected, so some copyrighted phrases may not appear in the database. Using both search methods ensures a more thorough check.

2. Check with the greeting card company

Big greeting card brands like Hallmark and American Greetings often copyright or trademark their sayings. If a phrase is strongly linked to a brand, they likely own the rights. One easy way to check is by looking at the back of the card. 

If you see a © copyright symbol, the phrase is probably protected. Using it without permission could cause legal trouble, and no one wants a lawsuit over a greeting card.

3. Look for trademarks

Some phrases may be trademarked instead of copyrighted, especially if used in branding. To check, use a reliable trademark search tool or the USPTO trademark database. If the phrase is trademarked for greeting cards, you can't use it without permission. Trademarks protect words that represent a brand, not just creative sayings. For example, "Have a Coke and a Smile" is trademarked by Coca-Cola, not copyrighted.

What if a card saying is copyrighted?

If you find that a phrase is copyrighted, here's what you can do:

If a phrase is copyrighted, you have a few options. You can ask for permission by contacting the owner for a license. You can use an alternative by rewriting the saying in your own words. You can also check fair use laws, especially if you're reviewing or parodying the phrase. But don't take chances without legal advice.

Avoid using a copyrighted phrase without permission. Even a small copyright issue can turn into a big headache - because no one wants a lawsuit over a few words on a card.

Can you copyright your own greeting card sayings?

If you create an original and creative saying, you can register it with the US Copyright Office. This helps protect it from being copied. If your phrase is good enough for someone to steal, it's probably good enough to protect. A registered copyright makes it easier to prove ownership. It also gives you the right to take legal action if someone uses it without permission.

Protect your words, protect your work

Not every greeting card saying is copyrighted, but many are. Before using a phrase, always check copyright and trademark databases, contact the owner for permission if needed, or create your own unique saying. If a phrase is copyrighted, using it without authorization could lead to legal issues. On the other hand, if you create an original saying, you can register it with the US Copyright Office to protect it from being copied.

Understanding copyright laws can be tricky, but you don't have to figure it out alone. 

Trademarkia's experienced attorneys can help you navigate copyright protection and avoid legal risks. If you want to copyright your own greeting card sayings, check out Copyrightable by Trademarkia for an easy and reliable way to secure your creative work.

Don't let copyright confusion hold you back - stay creative, stay legal, and let us handle the rest!

Additional resources

• What Are the Copyright Laws for Quotes and Sayings?
• Conduct a Free Copyright Search with Copyrightable!
• Is Copyright Registration Worth It?

Glossary of legal terms

• Copyright: A legal right that protects original creative works, such as books, songs, artwork, and written phrases, including some greeting card sayings.
• Copyright registration: The process of officially recording a creative work with the US Copyright Office to establish proof of ownership.
• Public domain: Works that aren't protected by copyright and can be freely used by anyone without permission.
• Trademark: A legal protection for words, phrases, logos, or symbols used to represent a brand or business, which may apply to certain card sayings.
• Fair use: A legal doctrine that allows limited use of copyrighted material without permission for purposes such as commentary, criticism, or parody.
• License: A legal agreement granting permission to use a copyrighted work under specific terms and conditions.
• Intellectual property (IP): Creations of the mind, such as inventions, artistic works, brand names, and written expressions, that are legally protected.
• USPTO (United States Patent and Trademark Office): The federal agency responsible for granting trademarks and patents in the US.
• US Copyright Office: The federal office that registers and records copyrights, providing a searchable database of registered works.
• Cease-and-desist letter: A legal notice sent by a copyright owner demanding that an infringing party stop using their protected work.