Don’t Panic, 42 and The Hitchhiker’s Guide

[MrsTwosheds]

Good evening All

I have a small query, if I may, please? As usual, it’s textile related (so apologies for that).

I’ve been pondering over the words I might use on a t-shirt for a family member, but it made me wonder about the broader use of short words and phrases which are associated with particular books or films/TV.

I believe (although I could possibly be talking out of my hat here) that very short phrases aren’t copyrightable? I’m thinking particularly of ‘Don’t Panic’, which will be ever associated with the Douglas Adams’ book, The Hitchhiker’s Guide to the Galaxy to its many fans (so much so that I think that Neil Gaiman has used the phrase as a title for a companion volume to that work, too). The number ‘42’ will also resonate hugely with fans of the same book (because it is ‘the answer to life, the universe and everything’, apparently).

Given that Disney now own the rights to Hitchhikers Guide, I would rather not be found wanting on the copyright front and be subject to any ensuing Unpleasantness if it could be at all avoided.

I’ve done a bit of digging around online, and the best I could find was a random fan forum discussing the ‘don’t panic’ query, and the upshot appeared to be that some phrases were verboten, but ‘don’t panic’ had apparently been cleared by the copyright holder at that time as being OK to use. Unfortunately, there was no further detail, and my searches didn’t reveal any relevant discussion of the matter with a copyright holder or, indeed, with anyone else who wasn’t actually guessing.

There are scores of Don’t Panic t-shirts online in every kind of art work, and I’m assuming that they haven’t all had permission from anyone. There are a few ‘42’s as well, and combinations of both number and text, so one is left in no doubt as to which book is being referenced, despite the fact that only two words and a double digit number are used.

One assumes that numbers can’t be copyrighted (or can they if associated with a particular work?)?

I have confused myself utterly with this one, so any help very gratefully received. Thank you so much, guys.

All very best and huge thanks in advance

Sally

[AndyJ]

Hi Sally,

Good to hear from you as always.

I think you are right that in general, short phrases are not subject to copyright, simply because they are not original in the sense required for copyright. There are many earlier examples of 'Don't panic' in literature so a copyright claim by Disney or anyone else would never get off the ground. I seem to recall it was also the catchphrase of Cpl Jones in Dad's Army. The issue gets slightly less clear cut when the phrase can be said to have originality. For instance "So long, and thanks for all the fish" or the "Pan-Galactic Gargle Blaster" from the great Douglas Adams might well qualify for copyright due to the creativity which reflects the spirit of the author.

I know that doesn't entirely answer your question, but I think the application of commonsense will usually produce a guide to what might or might not infringe copyright. And don't forget the strategic use of registered trade marks. These can create a form of monopoly over words, but only in narrow contexts, such as in the course of trade, and with respect to fairly specific goods and services for which the words are registered. As such, words on a teeshirt are unlikely to qualify as being used in the course of trade, although advertising the shirts for sale can be tricky, since that would fall squarely into the category of trading. For example both '42' and 'Don't Panic' have been registered by a wide range of entities, but significantly, not by Disney, and not in any obvious connection with the Hitchhiker's Guide. Amusingly one of the registrations for 'Don't panic' is for use with escape rooms and their associated games.

[MrsTwosheds]

Ahh……that’s fab! Thanks so much, as always, for your excellent and erudite response, Andy.

The t-shirts won’t be sold, so there will be no trade taking place. I will just steam ahead, and my daughter (a huge Hitchhiker’s fan) will be eternally grateful to you for your words of wisdom

I love the idea of the Don’t Panic escape rooms!

With grateful thanks

Sally