Is the Term ‘Dead Head’ Copyrighted by the Grateful Dead?

The term 'dead head' in the context of the Grateful Dead is often misinterpreted as being copyrighted. In reality, the term has a much broader usage, particularly in gardening, and its copyright status reflects this. This article aims to clarify the legal standing of the term, explore its various uses, and reveal its history.

Common Usage in Gardening

First, let's address the common usage of 'dead head' in the gardening industry. The term is commonly used to refer to the process of removing dead or deteriorated flowers from plants to encourage further growth. This practice is known as dead heading. Roses and tulip growers often use this method to maintain the health and appearance of their plants. This usage predates the formation of the Grateful Dead and has been in use for a long time.

Copyright and Legal Protection

It is a misconception that words and short phrases can be copyrighted. Copyright protection applies only to artistic, literary, and musical works. For instance, to fly on an airline without paying or to ride on an employer's train would not require payment to the Grateful Dead (should they attempt to claim this right) due to the broad nature of public usage and the lack of unique creative expression. Similarly, gardeners who deadhead their plants do not need to send a check to the Grateful Dead as they are simply exercising routine horticultural practices.

Words and short phrases, including the term 'dead head' used in relation to plants, are not eligible for copyright protection. Copying the phrase would be permitted without infringing on any rights, as it is a common, everyday expression related to gardening practices.

Trademark Protection

However, the term 'dead head' does have trademark protection. The Grateful Dead trademarked the phrase for specific commercial uses. According to records, the term 'dead head' was first recognized as a trademark by the U.S. Patent and Trademark Office (USPTO) for the purpose of "metal license plates and non-luminous and non-mechanical metal signs." This registration underscores the unique commercial branding around the term within the context of the Grateful Dead's merchandise.

Interestingly, the term has also been trademarked by William Gartland for the use of "archery arrow broadheads," further demonstrating the term's adaptability and its usage in distinct commercial contexts.

Historical Context and First Use

The first recognized use of the term 'dead head' in connection with the Grateful Dead dates back to the band's first newsletter. The letter was sent to fans and became a hallmark of the Grateful Dead fan culture. This demonstrates how the term evolved from its gardening origins into a unique brand identity for Grateful Dead enthusiasts.

It is worth noting that the term 'dead head' in its gardening usage predates its use by Grateful Dead fans. Originally, the term referred to a driver of a truck without a full load, or 'bobtail.' Trucks pulled trailers but carried no freight, which is the opposite of a 'deadhead' truck. The Grateful Dead fans took over the term and transformed it into a cultural identifier, popularizing it worldwide.

Conclusion

In conclusion, the term 'dead head' is not copyrighted. It is a common phrase used in gardening to refer to plant maintenance practices, well-established long before the Grateful Dead's formation. However, it is trademarked for specific commercial uses within the band's brand identity. Understanding the difference between copyright and trademarks is crucial for both legal and cultural reasons. Whether you are a gardener, a trucker, or a fan of the Grateful Dead, the term's meaning and use are clearly defined by these principles.