Re: Aphorisms and Copyright

From: Cumbow, Robert-SEA <CUMBR[_at_]PerkinsCoie.com>
Date: Wed, 19 Aug 1998 08:34:52 -0700

On Tue, August 18, 1998, Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> As I recall, there was another thread that touched on the subject of
> CO rejection of registration. I wonder how often this happens. And
> what is the remedy for the applicant? Does he have to bring suit?
> Is there an administrative hearing available?

It's not uncommon. I have seen copyright registration rejected on the grounds that the graphic designs, or fabric patterns, or decorative patterns for chinaware sought to be registered consisted of simple geometric shapes or forms insufficiently original to merit copyright protection. I have also seen rejection where the applicant's "design" consisted of mere "layout," without sufficient originality.

The rejected applicant's recourse is to write a letter of appeal. There is no formal review process, and there is no set form required for the appeal. A simple letter setting forth reasons why copyright registration should be granted is sufficient. Sometimes a well-pleaded letter is successful.

Bob Cumbow
Perkins Coie LLP
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Wed Aug 19 1998 - 15:35:15 GMT

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