Using Famous Epitaphs

'Is it legal', 'can I do this' type questions and discussions.
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tim0
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Using Famous Epitaphs

Post by tim0 » Wed Apr 27, 2016 11:19 am

Hi,

Would somebody please be able to confim if there would be a copyright infringement using famous epitaphs on clothing designs?

thanks,

Tim

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AndyJ
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Post by AndyJ » Wed Apr 27, 2016 4:26 pm

Hi Tim0,

If you really meant epitaphs (ie a short text honouring a dead person) then I suspect that unless you can be sure that the words are no longer in copyright due to their age, you may not be able to rely on the quotation exception found in the amended Copyright Designs and Patents Act, because most of these epitaphs will be anonymous, so it is impossible to cite the author, which is a necessary part of the exception.

However if you mean epigrams, the witty and brief remarks of (usually famous) individuals, then as long as you do cite the author, then there should be no problem in using such quotations on tee shirts or other clothing. I assume that by definition, the texts would tend to be fairly short, so they would meet the fair dealing criteria.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

tim0
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Post by tim0 » Thu Apr 28, 2016 10:21 am

Thanks for the reply Andy, much appreciated.

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