Question

Topic: Copywriting

Can I Use A Copywrited Phrase In A Blog Post?

Posted by Anonymous on 12/15/2010 at 10:12 AM ET 50 Points
Hi,

I'd like to use the phrase "Where's the beef?" in a blog post about public speaking content. I'm assuming it's copywrited. Can I use it without any kind of attribution or permission? If this is a gray area, should I include some kind of brief disclaimer at the bottom of the post?

Thanks in advance!

Leslie Guria
[URL deleted by staff]
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RESPONSES

  • Posted by SteveByrneMarketing on 12/15/2010 at 1:13 PM Accepted
    yes there is a "gray area" element to many such copyright issues. If it were me, I would use it. It has become public through extensive usage, it is not a current ad campaign, and it can be considered fodder for comedy, satire ....

    Steve
  • Posted by Jay Hamilton-Roth on 12/15/2010 at 1:45 PM Accepted
    In an article, it's probably fine to use (caveat: I'm not a lawyer). If you're trying to create a product around the phrase, you'd want to dig much deeper to ensure no trademark or copyright infringement.
  • Posted on 12/15/2010 at 1:55 PM Author
    Thank you! Based on what both of you are telling me, I'm thinking that I'm safe to use it in my blog, but maybe I'll leave it out if I market the post as an article. No point in pushing it.
  • Posted by Gary Bloomer on 12/15/2010 at 4:55 PM Accepted
    Dear Leslie,

    CopyRIGHT refers to use and ownership of a work, copy WRITE refers to copy that is written. You need the first meaning.

    With attribution (meaning you state that the phrase "Where's the beef?" was used in a series of commercials for Wendy's), you ought to be fine (NOTE: I am not a lawyer either), but as there are 937,000 results for the use of the exact phrase: "Where's the beef?" on Google right now, you ought to be safe in using the phrase for your blog.

    The golden rule is to use a link to an authority site, and to offer attribution (meaning, citing one's sources).

    I hope this helps. Good luck with your blog.

    Gary Bloomer
    The Direct Response Marketing Guy™
    Wilmington, DE, USA
  • Posted on 12/15/2010 at 10:46 PM Author
    I'd like to thank all of you for your help with this. I've decided to use it on my blog only and it's part of the title and not anywhere else. I do refer to things being meaty, but like I said earlier, the post is about content in a presentation, not hamburgers.

    Thanks again for your help!

    Leslie
  • Posted on 12/16/2010 at 9:18 AM Author
    Ha! I help unpaid public speakers with their initiative - bookings, process, etc. I wrote a blog post suggesting that they offer a meaty, how to presentation to the associations they're pitching. Something with an immediate pay back, like tips to make your resume stand out from the herd or prospecting tactics that work in a down economy will be easier to get booked and more likely to make money on the back end than funny fluff that promotes their own agenda.

    Thanks for asking!

    Leslie Guria
    [URL deleted by staff]
  • Posted on 1/14/2011 at 6:58 PM Member
    This site is great.
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