Wednesday, March 23, 2011
Burma Shave signs and copyright
use of sequential signs ended in 1963, coincidentally, the year in copyright history after which published works no longer required renewal. Putting aside issues as to whether posting the signs amounted to "publication," it's unlikely that signs like the one you want to use were registered and renewed. So, they're most likely public domain. In addition, the signs are arguably a short phrase, which is usually not protectible, and your use appears to be a fair use, anyway, since the incorporation in your novel would mostly likely be transformative. Even if we're wrong about all of the preceding (sounds like a lawyer, now!), the party that acquires the Burma Shave rights in bankruptcy will probably not care about your use. In summary, "Our answer/Might seem way too long/But it's copyright/Not copy wrong."