Fourth Circuit affirms refusal of copyright registration: insufficient creativity

The Fourth Circuit yesterday affirmed the denial of copyright registration to an individual who had adapted United States Census maps for use on his website.  The only changes to the maps were the addition of colors, changing the typeface of the state abbreviations, and a change in layout for some of the state indications.  The court affirmed the Copyright Office's determination that the adapted maps were not copyrightable.  They were derivative works of the U.S. Census maps, and therefore only the added or changed portions were subject to copyright protection.  However, the modifications were entirely "uncopyrightable elements such as a change of layout, format, size, spacing, or coloring," and so the refusal to register was affirmed.

More details of Darden v. Peters after the jump.

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Ninth Circuit defines differences between derivative and collective works

Yesterday, the Ninth Circuit decided a copyright case dealing with the differences between derivative and collective works.  The defendant took photographs which were licensed to it individually by the plaintiff and, after the term of its license had expired, modified the photographs and integrated them into "collage" advertisements.

The court held that these advertisements were derivative works rather than collective works, and as a result use of the plaintiff's photographs in them constituted infringement of the copyright in the photographs.  This was important in this case, because the copyright owner registered the works after several earlier acts of infringement of the photos, but before these advertisements were created.  As a result, the copyright owner could seek statutory damages and, potentially, attorney fees for the copyright infringement for the collage advertisements.  This case is therefore a reminder of the benefits of early copyright registration in order to keep all potential remedies for infringement available if an author's work is copied.

More details of the case after the jump. 

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