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Does Clinton Have Copyright Problem?

Hillary Clinton at a Virginia campaign rally

The U. of Richmond’s “Solutions for America” logo

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Hillary Clinton’s campaign has of late been pushing charges that Barack Obama plagiarized some phrases in his campaign speeches.

But what about one of Clinton’s favorite phrases: “Solutions for America"? It’s the name for many of her campaign events. Today will feature “Solutions for America” rallies by the campaign in Ohio, and the phrase has appeared as backdrop for many campaign rallies. It turns out, however, that an organization other than the Clinton campaign has the rights to the phrase.

“Solutions for America” is the registered trademark of a University of Richmond program with the Pew Charitable Trusts to help local communities work on a series of social problems. The emphases of the program — promoting child health, reviving neighborhoods, creating jobs — have considerable overlap with Clinton campaign themes.

But the University of Richmond/Pew program is promoting local, nonpartisan programs, not any one candidate’s campaign. The Web site of “Solutions for America” clearly indicates on the bottom a copyright by the University of Richmond and the database of the U.S. Patent and Trademark Office indicates that Richmond obtained the trademark on the phrase, going through the standard legal process to do so.

The University of Richmond’s press office is typically friendly and responsive, but officials there refused to answer any question about why the institution’s trademarked slogan was being used by the Clinton campaign and whether she had permission to do so. We do know that Richmond takes its trademark rights seriously, and doesn’t like other entities using the phrase.

In 2005, for example, the American Council on Education started a campaign called “Solutions for Our Future” to highlight the role of higher education in solving problems facing American society. The consulting firm that worked with the ACE on developing that campaign told Inside Higher Ed that year that the group wanted the “Solutions for America” slogan, but that the University of Richmond had rights to the phrase and wouldn’t share them.

Calls and e-mail to the Clinton campaign press office — explaining that there were questions about the rights to the phrase “Solutions for America” — were not returned.

Scott Jaschik

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Comments

Having a trademark on a phrase doesn’t entitle someone to ownership of every possible use of the phrase. Otherwise we would not be able to have even the most casual conversation, as just about every common phrase has ben trademarked by someone.

Unless somebody could make a convincing case that the University of Richmond is running for president (or that Clinton is offering nonpartisan social programs) there is little, if any, overlap between the two uses.

Certainly, one could not argue that the use of the phrase ’solutions for America’ is any sort of plagiarism. One may as well then argue that the use of the English language is copying various institutions that also use the English language.

At some point, we have to admit that, when we use a vocabulary of words in common, our uses will overlap. Good thing, too — communication would be impossible otherwise.

Stephen Downes, at 7:45 am EST on February 25, 2008

Titles cannot be copyrighted. (A trademark is different than a copyright.) Joyce Carol Oates named one of her bestselling books using a verbatim line from a Stephen Crane poem. Are people at this website trying to rehabilitate Obama by attacking Clinton? Why have partisan politics seeped into a website about higher education?

Perry, at 9:05 am EST on February 25, 2008

I don’t think we are being partisan, but as an Obama supporter I find it amazing that a few lines from a speech by Obama are chided across the media and brought up in debates, but all the stolen lines and phrases that Clinton uses aren’t. I’m not saying that what Obama did was correct, but I am saying that we should be held to the same level of scrutiny. The media should play up Hillary’s blatant stealing of lines from President Clinton and John Edwards in last week’s debates, as well as this, just to show people that both candidates have the same issues facing them.

Paul, at 10:05 am EST on February 25, 2008

The replies to this article appear to be taking on the merits of the case, rather than the underlying point, which is that a person who makes charges against another person for plagiarism, raises issues about her own words as well — and makes her own behavior subject to scrutiny on that topic.(A little like casting the first stone.)

N.C., at 10:05 am EST on February 25, 2008

give me a break

I agree with the previous comment. Let it go and let Clinton do her job. I would hope that this news outlet is not as biased as the ones which bombard us all day!

leslie, Grad. Student, at 10:05 am EST on February 25, 2008

How many ways can one article be misconceived? Writers and publishers should know the basics of intellectual property, including that short phrases can’t be copyrighted. The copyright notice on the Richmond page clear applies to the design and expressive content on the entire page and not to their trademark slogan.

The article should be entitled “Does Clinton have Trademark Problems?” At that point, you can get into a discussion of what constitutes a fair use of a trademark — and how the Clinton campaign most likely has nothing to worry about.

Peter, at 10:10 am EST on February 25, 2008

Does the writer want to ask for a “do over"?

Thank you for this completely inane and facetous article.

It is a good thing that this is a higher education website because in the real world inability to recognize basic copyright and trademark concepts and issues — much less distinguish between them, as the previous correspondent Perry has so ably done, can mean bankruptcy.

It was obviously a slow news day. This article is evidence of an extreme lack of reporting on issues. This election cycle seems even worse than the last.

With so many real issues crying for attention, SHAME on IHE for this article. It only serves to undercut the credibility of your website.

Concerned and discerning citizen, Lecturer on Civil Society, at 10:10 am EST on February 25, 2008

What?!

Hillary’s campaign is not referring to the Richmond based program. Hello IHE, this is a poor excuse for a story.

R.F., at 10:10 am EST on February 25, 2008

It’s ironic that there’s a copyright question about two organizations using the same trite slogan incorporating the word “solutions” when copyright isn’t a solution to anything these days, but merely enables a continued corporate lockdown on our culture.

Sue Donna Moss, at 11:10 am EST on February 25, 2008

There ARE Trademark Issues Here

I disagree with those saying this is not an issue or that it is simply partisan finger-pointing.

As a PR person, I’m certain that Richmond has a great interest in protecting their “Solutions for America” (SFA) brand, which is trademarked according to the story. The problem is that, for Richmond, SFA is a phrase connected to their program. They want people who hear about their program — patrons, donors, volunteers, the public — to think, “This program creates solutions for America.” And when audiences think of trying to find solutions for America, Richmond wants them to thinko of their program. This is what branding is all about.

If Hillary has claimed the phrase as a brand for her own campaign — which includes programs similar to those executed by Richmond — then there will be brand confusion. Most noteably, Richmond is in danger of people seeing their tag line and supposing that the Richmond program is in some way affiliated with Hillary, a Hillary program, or Democratic programs. For a non-political service entity, this can negatively affect both their participation rates and donor relations.

It would be up to a court to decide how much overlap in use there really is between Hillary’s SFA and Richmond’s SFA, but if I were working at Richmond, I would be seriously concerned.

ALP, at 11:10 am EST on February 25, 2008

Branding

I completely agree with ALP who points out and rightly so for the need of serious copyright concern. The prominence of branding in higher education is undeniable otherwise, why is there so much fuss every time US News and World Report publishes it rankings. Perhaps the use of U of R’s copyrighted slogan by Clinton might have been written off as old fashion political hypocrisy, however the press coverage Clinton’s strategists I am sure anticipated has placed the issue in a different class, a lower quartile, that demands some appropriate and instant solution.

F Capobianco, at 12:50 pm EST on February 25, 2008

Give Me a Break

Is that okay to say, or should I consult an attorney to research the rights of the previous poster who used wrote it? enough with the sniping.

DJH, Assistant Dean at Bentley, at 12:50 pm EST on February 25, 2008

I think there’s a fundamental problem here which is becoming, not surprisingly, impossible to work around. Trademark and copyright have become very powerful rights, valuable and well-protected in law. But they’ve also become massively abusive, in that they cover broad swaths of common language, forcing people to absurdly creative locutions to get a point across legally.

Jonathan Dresner, at 2:00 pm EST on February 25, 2008

Missing the point

The point isn’t that Clinton may be using Copyrighted/Trademarked phrases. My read on the article is that it’s mocking the “newsworthiness” of Clinton’s earlier claim.

Obama stole from someone else’s speech. So what?!?! I’m sorry, but that’s going to be hard to avoid in this day and age given the number of long-winded, hot-air producing politicians. How many different ways can you express an idea without repeating someone else’s verbiage?

The “news” about Obama wasn’t news to begin with. I don’t care about or support either candidate currently, but I had to laugh when the media made this out to be a story. If I were an editor I would have laughed at the idea and said, “Next.”

Befuddled, at 3:35 pm EST on February 25, 2008

I’m sure it took a committee several months of revision after revision to come up with this banal phrase. I’m not clear what the phrase is supposed to be. Is it the name of some program? Is it a mere description? Is it a ’slogan’? A phrase (’Just do it!’) can be copyrighted for advertising purposes (of course it already is) but if Clinton were to exhort her followers to just do it! Big Shoe Company would have no recourse. Nobody anywhere can copyright ordinary language outside of contexts like the one just mentioned.

The expression itself is so gaseous and non-specific that it signifies nothing in any case.

jamison, The woods are burning!, at 3:35 pm EST on February 25, 2008

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