Can I copyright a slogan?

Yes, you can copyright a slogan in Virginia as long as it is original and creative. Copyright law in Virginia defines a copyright as a form of protection provided by the laws of the United States to authors of “original works of authorship.” This includes literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture, as well as slogans. The traditional test for copyrightability of a slogan states that the slogan must be sufficiently distinctive and creative that it serves to identify the source of the product. The slogan must also be original, which means no one else has used a similar slogan. Merely listing information, such as the ingredients in a product, would not meet the originality test. In Virginia, copyright protection for a slogan will attach automatically when it is created, and the owner does not need to register it with the U.S. Copyright Office. You may, however, wish to register your copyright in Virginia. This will provide you with additional legal protection and remedies in the event that another person attempts to use it without your permission. Registration is also beneficial if you plan to seek damages in court proceedings for infringement of your copyright.

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