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Do you know how advertising slogans are copyrighted?
The advertising slogan is just a simple statement and does not meet the definition of a written work under the Copyright Law, and cannot be registered as a written work. However, if you add a simple advertising slogan and relevant art design, it can form an art work for registration. Name, slogan, title, etc. Regarding the protection of advertising slogans, there is currently no clear provision in our country’s laws. In judicial practice, some advertising slogans will be recognized by the courts as copyrighted literary works and protected. However, such advertising slogans must be creative and distinctive, and can directly and fully reflect the brand characteristics and corporate image, such as "Beautiful air conditioning, beautiful world", "The coconut wind cannot be stopped", etc. Advertising slogans that are overly general, lack originality, and have obvious signs of imitation cannot receive legal protection. Therefore, we suggest that the company’s advertising slogan design should be as distinctive as possible and copyright registration should be carried out so that it can receive more adequate judicial protection in the event of a dispute.
In practice, our country does not deny the copyright protection of advertising slogans. Theoretically speaking, advertising slogans belong to a special type of written expression. Generally, the number of words is very small, and it is difficult to express the necessary creative height. Often, there is more than enough thought but insufficient expression. Therefore, some Western countries directly refuse to provide copyright protection for general advertising slogans. For example, the U.S. Copyright Office stipulates in its administrative law that "words and phrases such as names, names, and slogans cannot be protected by copyright law and cannot be used as works. be registered." However, some courts in our country have recognized advertising slogans in some cases. Even if the number of words is small, they can still be protected by copyright as long as the originality of the work is satisfied, such as "World Style Oriental Love" (promoting commercial building services), "Across Winter and Summer" , until the Spring and Autumn Period" (promoting air-conditioning products), etc. On the other hand, well-known advertising slogans may not necessarily be protected by copyright. Many companies carry out extensive commercial promotions with well-designed slogans. After achieving high popularity, they often mistakenly believe that the slogans become unique and naturally have "originality" and should be protected by copyright law. ?
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