I just made up what I think is a new phrase. (You know, like Plil Jackson copyrighted “Threepeat” when the Bulls won the championship 3 times.) I’ve never heard anyone use this phrase but as they say, Great minds think alike, so maybe someone else had the same idea. If no one else did, how do I make it mine?
It was Pat Reilly and the Lakers.
And I don’t believe it was copywrited as it would lack the needed originality - it was trademarked.
Oops! Pardon me. Not a basketball fan.
And for a trademark it has to be for a business, doesn’t it? Guess I’m out of luck. Maybe I’ll just make a meme.
Yes, it generally must be used in some sort of trade. But that could be something as simple as putting it on t-shirts or other merch, sold via an online site like Cafepress.
If it doesn’t fit on a t-shirt, I guess you’re out of luck.
For everything you’d ever want to know about Trademarks, it’s best to go right to the source:
Rules in other countries may be slightly different, but that will give you the basics.
Nope. No business. But that’s a good website. Thanks.
There’s no hard lower limit as to how short a phrase can be and still be copyrighted. And there’s nothing special you need to do to copyright your work; it’s automatic. Copyright violations are fuzzy, however, and the total length of the work is a consideration. You can copy small portions of a book to critique it, whereas copying the entire book would be a violation. But for a short phrase, it would be hard to reference it without repeating the whole thing, and it’s unlikely you could win a case against someone that did so.
As noted, trademark is a more powerful defense for this kind of thing, but has steeper requirements. And you’d still better be prepared to defend it.
If all you care about is getting credit for coming up with it first, just post it somewhere on the Internet with timestamps (like here). And get it snapshotted by archive.org if possible.
Aw shit! I thought I was real clever when discussing people who avoid the covid vaccination and referred to them as “Jab Dodgers”. I just Googled it and it’s actually a computer game. Could it be I’m not spending enough time on the internet? Jeez, I hope not.
Actually there is - it needs to be tangible. So saying “Threepeat” is not enough to give copyright.
Is the video game related to people avoiding vaccines? Because it’s possible for two businesses to trademark similar terms, if they’re in sufficiently different industries so as to avoid confusion in the marketplace. Here in Canada, we had a semi-famous case where Apple Computers sued Apple Autoglass for trademark infringement, and the courts said there was no reasonable chance that someone would be so confused as to go to an auto store looking to buy a computer.
Fair enough, but “tangible” is a broad term. It can be something purely in digital form. It just needs to be recorded somewhere. I’d hope it’s somewhat obvious that you don’t get to copyright something that exists purely in your head, or for which there is no evidence of it existing outside your head.
Then why do you want to copyright or trademark it? What do you hope to get out this?
Fame and fortune. 
How will a copyright or trademark help you? Unless you’re using it in commerce I don’t see how this is going to be of any use.
About the only instance I can think of is Bart Simpson’s brief spurt of fame as the 'I didn’t do it’ boy, and even then Krusty claimed ownership of the subsidiary rights.
I am naive in the ways of business and law and I thought this might be my ticket to wealth and notoriety.
Wealth tends to only accrue when you have a business based on it. Why else would anyone give you money?
You would need to control something that others were willing to give you money for the use of.
Being the guy that coined a phrase isn’t going to be worth much. You certainly won’t be able to prevent people from using the phrase in conversation. A pair of words that could be assembled together by anyone with a thesaurus isn’t going to clear the bar for artistic originality worthy of copyright protection.
And you would need to sue people to enforce your claim and even with artistic originality that is a big leap. Maybe you could try to sue a network TV company for using the phrase in the evening news.
Little doubt that if you tried, notoriety would soon follow, but not the sort you may have desired.
Phrases from all manner of sources appear in common use. Lucas won’t stop people saying”may the force be with you” although he may well have a claim on t-shirts with it on. But nobody would deny the creative nature and source of the phrase. A t-shirt saying “I have a bad feeling about this” or “it’s a trap!” might be a lot harder to claim, despite, for many the the origin being no different.
Anybody can do that at any time.
“That really butters my armadillo!”
“He has a face like a tapioca accordion.”
“Glinglewoob!”
There. Three new phrases in a minute. It really, really, really, really, really isn’t a special skill. (For further examples, see 90% of the entries in The Urban Dictionary.)
It doesn’t have to be a “special skill” to be worth trademarking, if you’re actually going to try to sell things based on the mark.