C. Other Considerations
The Board agrees with you that a work’s use as a trademark (e.g., a logo) is irrelevant to the evaluation of the work’s copyrightability. Letter from Youssefi to Copyright R&P Division of 04/28/05, at 1–2. The trademark status of the subject graphic design has had no bearing on the Board’s analysis and determination set forth herein.
However, several other arguments and conclusions that you make also have no impact on the determination of whether or not copyright registration is available for this work. For example, you state that the design elements of the Best Western Logo were “created by Applicant through a process of artistic decision making, and are therefore copyrightable.” Letter from Youssefi to Copyright R&P Division of 04/28/05, at 3. Besides the fact that processes are ineligible for copyright protection, 17 U.S.C. § 102(b), it is only the resulting expression that is evaluated for copyrightability, not the number or character of the decisions an artist may make in creating a particular design.
You also note that the Best Western Logo is “a highly abstract composition.” Letter from Youssefi to Copyright R&P Division of 09/26/05, at 1. Again, while this statement may be true, it has no bearing on the copyrightability of the work. Copyright can subsist in works that range from a highly abstract work of modern art to a life-like representation of a subject such as a portrait. The character or aesthetic value of a work is simply not relevant to the determination of its copyrightability.
IV. CONCLUSION
For the reasons stated herein, the Copyright Office Review Board affirms the refusal to register the graphic design entitled “Best Western Logo.” This decision constitutes final agency action on this matter.
Sincerely,
- /s/
David O. Carson
General Counsel for the Review Board
United States Copyright Office
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