Moreover, making simple alterations to otherwise standard shapes or familiar designs will not inject the requisite level of creativity. Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99, 102–03 (2d Cir. 1951) (What “is needed to satisfy both the Constitution and the statute is that the ‘author’ contributed something more than a ‘merely trivial’ variation, something recognizably ‘his own.’”); Compendium II, § 503.02(a) (“[Registration cannot be based upon] a simple combination of a few standard symbols such as a circle, a star, and a triangle, with minor linear or spatial variations.”). While the Board agrees with your assertion that the inclusion of non-copyrightable elements will not negate the copyrightability of a work as a whole, letter from Youssefi to Copyright R&P Division of 04/28/05, at 3, all copyrightable works must include elements which are copyrightable in and of themselves or with respect to their particular selection, coordination and arrangement.
- 3. Selection, Coordination and Arrangement
It is true that some combinations of common or standard shapes or other unprotectible elements can embody sufficient creativity with respect to how the elements are combined or arranged to support a copyright. See Feist, 499 U.S. at 358 (the Copyright Act “implies that some ‘ways’ [of compiling or arranging uncopyrightable material] will trigger copyright, but that others will not”; determination of copyright rests on creativity of coordination or arrangement). However, merely combining non-protectible elements does not automatically establish creativity where the combination or arrangement itself is simplistic. For example, in Jon Woods Fashions, Inc. v. Curran, 8 U.S.P.Q.2d 1870 (S.D.N.Y. 1988), the district court upheld the Register of Copyrights’ decision that a fabric design consisting of striped cloth over which a grid of 3/16″ squares was superimposed, even though distinctly arranged and printed, did not contain the minimal amount of original artistic material to merit copyright protection. Similarly, the Eighth Circuit upheld the Register’s refusal to register a simple logo consisting of four angled lines which formed an arrow and the word “Arrows” in cursive script below the arrow. John Muller & Co. v. New York Arrows Soccer Team, 802 F.2d 989, 990 (8th Cir. 1986). Similar to these cases, the Board has determined that the Best Western Logo docs not embody the requisite level of creativity with respect to the combination of its constituent elements, the reasoning of which is set forth below in more detail.
B. Analysis of the Work
You argue that given the minimal amount of creativity necessary to sustain a copyright registration, the Best Western Logo unquestionably meets this threshold. Letter from Youssefi to Copyright R&P Division of 09/26/05, at 1. Although the Board agrees that the creativity standard is very low, the Board disagrees with your conclusion that the Best Western Logo satisfies this standard.
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