Copyright law protects original works of authorship, including literary, dramatic, musical, and artistic works. However, copyright does not protect facts, ideas, systems, or methods of operation. This means that individual words and short phrases generally cannot be copyrighted.
Why you can’t copyright individual words
Copyright law only protects creative expression, not facts or ideas. Individual words and short phrases are considered facts or ideas rather than creative expression. As a result, you cannot claim copyright over individual words or short phrases. For example, you cannot copyright the word “hello” or the phrase “once upon a time.” These are considered common building blocks of expression that must remain available for all to use freely.
There are several key reasons why individual words can’t be copyrighted:
- Words are facts – Words themselves are considered facts or ideas, not creative expression. Facts and ideas are not eligible for copyright protection.
- Words lack originality – For a work to be protected by copyright, it must have a minimal level of creativity or originality. Single words do not meet this threshold.
- Merger doctrine – When there are only a limited number of ways to express an idea, the expression is said to “merge” with the idea. In these cases, copyright does not protect the expression to avoid monopolizing the idea. Words and short phrases often lack alternative expressions.
- Words are building blocks – Individual words are considered basic building blocks of communication and knowledge. Copyright law keeps these building blocks free for all to use.
These principles help explain why words and short phrases by themselves generally don’t qualify for copyright protection.
Examples of words and phrases you can’t copyright
Here are some examples of specific words and short phrases that cannot be protected by copyright:
- Single words – hello, world, cat, dog, apple, etc.
- Common phrases – once upon a time, all’s well that ends well, better late than never, etc.
- Colors – red, blue, purple, etc.
- Names – John, Mary, etc.
- Titles – CEO, Manager, Doctor, etc.
- Slogans – Just do it, Think different, Got milk?, etc.
These types of short words and phrases are considered uncopyrightable because they lack sufficient originality. Keep in mind that longer phrases and expressions may be protected by copyright if they demonstrate a sufficient amount of creativity.
When can you copyright a combination of words?
While individual words and short phrases are not copyrightable, a combination or compilation of multiple words may be protected by copyright if it satisfies the requirements for copyright protection, mainly originality.
Here are some examples of word combinations that could potentially be protected:
- Poems
- Song lyrics
- Book or article titles
- Slogans and taglines
- Creative phrases and expressions
The key is that longer phrases and expressions must demonstrate a sufficient amount of creativity and originality in how the words are combined or arranged. Simply combining a few short phrases likely won’t qualify. But a longer combination of words arranged in an original way could potentially be protected.
What about copyrighting a dictionary or word list?
While the individual words in a dictionary cannot be copyrighted, the selection, coordination and arrangement of the words may be sufficiently original to warrant copyright protection for the overall work. For example, dictionaries that apply creativity in choosing which words to include, providing unique definitions, or arranging entries in an original way can potentially be protected by copyright.
Some key considerations include:
- Selection – Choosing which words to include can demonstrate sufficient creativity, especially for niche or specialized dictionaries.
- Definitions – Unique word definitions crafted by the author qualify for copyright protection.
- Order and arrangement – The way a dictionary orders and groups word entries may warrant copyright if sufficiently original.
Therefore, while you can’t copyright words themselves, an original dictionary or word list as a whole can potentially be protected. The creativity comes from how the compiler selects, defines and arranges the words.
When are names, titles and slogans protected?
While individual names, titles, and slogans are typically too short to be protected by copyright, they may sometimes qualify for trademark protection. This requires using the word or phrase as a distinctive identifier in commerce for specific goods or services. Famous brand name and slogans like Coca-Cola, Nike’s “Just Do It,” and McDonald’s “I’m Lovin’ It” have trademark protection.
Criteria for trademark eligibility include:
- Distinctiveness – The mark uniquely identifies a single source of products or services.
- Use in commerce – The mark is used to identify the source of commercial products/services.
- No consumer confusion – The mark doesn’t cause confusion with other trademarks.
So while short phrases are not protected under copyright law, they may qualify for trademark status when used in a distinctive commercial context.
Can you copyright a single letter?
Copyright law does not allow copyrighting single letters of the alphabet. Letters are considered functional building blocks of language and communication. Providing copyright protection to individual letters would hinder free expression and information exchange.
However, while a single letter on its own cannot be copyrighted, a stylized graphic symbol or logo incorporating a letter may be sufficiently original to warrant copyright protection for the overall design. It depends on how creatively the letter is depicted or illustrated.
For example, while you cannot copyright the letter “A” itself, you may be able to copyright an original logo or graphic that incorporates the letter “A” in a unique design.
Are book titles copyrighted?
Book titles themselves typically fall into the category of short phrases that lack sufficient originality for copyright protection. However, in some cases, book titles may demonstrate enough creativity to warrant copyright protection.
For a book title to be protected by copyright, it must be considered sufficiently “original” by consisting of creative expression that goes beyond just describing the book’s subject matter. Titles that simply name the topic or summarize the contents usually won’t qualify.
Here are some examples to illustrate:
- Not copyrightable – History of the Civil War (descriptive of topic)
- May be copyrightable – Gone with the Wind (creatively evocative phrase)
Keep in mind that even if a book title qualifies for copyright protection, that protection only covers unauthorized use of that exact title. Others can still use similar or related titles for their own books.
Conclusion
In summary, copyright law does not allow individual words, names, short phrases, and titles to be copyrighted in most cases. This is because small word combinations generally lack sufficient originality and creativity. However, longer phrases and compilations of words may warrant copyright protection if they demonstrate original expression. While trademark law offers some protection for commercial use of short phrases as brand names, words themselves remain uncopyrightable facts and ideas free for all to use.