Are movie lines trademarked?  For example, I have seen many people
wearing shirts that say "Vote For Pedro".  Is this copyright/trademark
infringement?  Or...what about lines that don't make reference to a
name?  What about a line such as "we have no food, we have no
jobs...our pets heads are falling off!" (Dumb and Dumber).  Thanks for
any assistance.  Assume US Trademark/Copyright Rules.

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Clarification of Question by slamdunksy21-ga on 17 Apr 2006 02:11 PDT

Take my example for my first post: "we have no food, we have no
jobs...our pets heads are falling off!" (Dumb and Dumber). I have many
other potential lines, but this is a basic example.

So if the exact statement is not trademarked, then it is fine to use? 
In general are movie lines protected under the movies copyright?
Do I need to cite where the line came from if I used the line for
resale purposes (tshirts, etc.)?

Hi slamdunksy21-ga 

Before I give my answer, I'd like to mention you that I am not an
attorney nor is anything I say here legal advice.

To make things clear, I'd like to show the difference between
trademarks and copyrights:

TRADEMARK: "a name, word, symbol, or device that allows the trademark
owner to dictate its use in identifying a product, eg, logos and brand
names."

www.techtransfer.umich.edu/index/glossary.html

COPYRIGHT: "The legal proprietary right to reproduce, have reproduced,
publish, and sell copies of literary, musical, and other artistic
works."

www.brochure-design.com/brochure-design-publishing-terms.html

So the logo "Vote for Pedro," as shown by pinkfreud-ga's research
below, is trademarked.  But the movie script is copyrighted (because
it is considered a literary work).

However, short phrases are not protected by copyright.  Nor are ideas. 

From the US Copyright Office:

"WHAT IS NOT PROTECTED BY COPYRIGHT?

"Several categories of material are generally not eligible for federal
copyright protection. These include among others:

      Works that have not been fixed in a tangible form of expression
(for example, ... improvisational speeches or performances that have
not been written or recorded)
   
      Titles, names, short phrases, and slogans;  ...
    
      Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration...."

Copyright Circular 1
http://www.copyright.gov/circs/circ1.html#wwp


I think you have to decide whether  "we have no food, we have no
jobs...our pets' heads are falling off!" is a short phrase or an idea
or is it original enough to be part of the scriptwriter's copyright?

Perhaps if you made a profit out of his or her words, you could be
accused of copyright violation.  To be on the safe side, you could ask
permission to use the phrase and pay the author royalties.

I hope this helps you decide.

Google Search strategy

Search terms: copyright definition
://www.google.com/search?q=copyright+definition+&start=0&ie=utf-8&oe=utf-8&client=firefox-a&rls=org.mozilla:en-US:official

Search terms: trademark definition
://www.google.com/search?q=trademark+definition&start=0&ie=utf-8&oe=utf-8&client=firefox-a&rls=org.mozilla:en-US:official

Search terms: titles copyright
://www.google.com/search?q=titles+copyright&start=0&ie=utf-8&oe=utf-8&client=firefox-a&rls=org.mozilla:en-US:official

Regards,

alanna-ga

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Clarification of Answer by alanna-ga on 02 May 2006 21:23 PDT

Sorry, but I did not reference the first two links properly.  They should read

http://www.techtransfer.umich.edu/index/glossary.html    

http://www.brochure-design.com/brochure-design-publishing-terms.html

"Vote for Pedro" is trademarked:

Word Mark VOTE FOR PEDRO 
Goods and Services IC 026. US 037 039 040 042 050. G & S: Ornamental
novelty pins; ornamental novelty buttons
Standard Characters Claimed  
Mark Drawing Code (4) STANDARD CHARACTER MARK 
Design Search Code  
Serial Number 78518094 
Filing Date November 16, 2004 
Current Filing Basis 1B 
Original Filing Basis 1B 
Published for Opposition September 27, 2005 
Owner (APPLICANT) Twentieth Century Fox Film Corporation CORPORATION
DELAWARE 10201 West Pico Boulevard Los Angeles CALIFORNIA 90035
Type of Mark TRADEMARK

So anyone selling a Vote For Pedro would be in violation of trademark.
 I have seen many of those around, but perhaps they have been cracking
down lately.  Any word on whether lines without specific names are
acceptable (such as the line I posted above)?

You can look up trademarks online at the US Patent and Trademark site:

http://www.uspto.gov/main/trademarks.htm

So if the exact statement is not trademarked, then it is fine to use? 
In general are movie lines protected under the movies copyright?