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Can I Copyright A Common Image?

Copyrights are one thing, trademarks another.

by Eva-Marie Boyd (August, 2003)

(Note: Eva-Marie has been a practicing attorney for approximately 15 years. During that time, she has been President of the Orange County Barristers, President of her law school alumni association, served on the Orange County Bar Association Board of Directors for seven years and as chair of the Orange County Bar Association Legal Referral Committee for three years. She was a panel attorney for California Lawyers for the Arts, and has lectured for that organization on copyright issues.)

Q. This month's column arises from a question I received from another stamping company, and picks up directly from my last column (see below). The company sent me the link to its site and asked if various images would be defendable under copyright law.

A. This time the answer is straightforward: NO! I have tried unsuccessfully on a few occasions to register an item which the copyright office refused. The following are the reasons given for the refusal:

"We cannot register this work because it lacks the authorship necessary to support a copyright claim. A work of the visual arts must contain a minimum amount of pictorial, or graphic authorship. Copyright does not protect familiar symbols or designs; basic geometric shapes; words, and short phrases such as titles and slogans or mere variations of typographic ornamentation, lettering or coloring."

Furthermore, copyright does not protect catchwords, catchphrases, mottoes or slogans.

There is hope, however. Try trademarks. For instance, I have a client who owns the trademark, "Mousin' Around" in the stamping category.

(Note: Have any questions regarding copyrights, trademarks, or other business-related legal issues? Your name will not be used. Mail, fax, or email your questions to Eva-Marie Boyd, 1160 Catalina St., Laguna Beach, CA 92651; fax 949-497-3148; email LAWDDAW@aol.com.) To read previous Q.&A.'s, see below.

xxx

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