![]() ![]() The Review Board’s opinion affirming the rejection went on to state “both the Work’s individual elements and the Work as a whole fail to demonstrate copyrightable authorship. #COPYRIGHT MY LOGO REGISTRATION#The copyright application was filed in August of 2018 and was refused registration on the basis that it lacked sufficient authorship to support a copyright claim. VA0002130520).Īnother well-known rejection involves the logo for the Cyberpunk 2077 video game. However, American filed suit against the Copyright Office in October of 2018 calling their decision “arbitrary, capricious… and an abuse of discretion.” Shortly after the lawsuit was filed, the suit was withdrawn when the Copyright Office Review Board agreed to use its discretionary authority to reverse the decision and grant the copyright registration ( See Registration No. The Copyright Office rejected the application, and American’s subsequent Requests for Reconsideration, on the basis that the logo was “comprised of basic geometric shapes” which “fall below the threshold for creativity”. On June 3, 2016, American Airlines filed a copyright application for the American Airline Flight Symbol. One of the more well-known disputes regarding copyrightability of logos involves the American Airlines logo shown below. What amount of creativity is sufficient? This can be a difficult determination, but recent court opinions and Copyright Office Review Board Opinions can provide guidance. However, logos are one area where there is possible overlap between copyright and trademark law.Īlthough logos can be copyrightable, they must posses a minimal, but sufficient level of creativity. Generally, copyrights protect original works of authorship (e.g., music, books, art, movies, etc.), and trademarks serve as source identifiers to convey the origin of goods or services and distinguish those goods or services from the goods or services of another (e.g., brand names, slogans, logos, etc.). Yes, logos are copyrightable, assuming, that the logo was independently created and possesses a sufficient level of creativity.įirst, to be clear, copyrights and trademarks are very distinct. ![]()
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