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Copyright Review Board
United States Copyright Office • 101 Independence Avenue SE • Washington, DC 20559-6000
David L. Duncan, Esq.
Law Offices of David L. Duncan
164 Columbia Heights, No. 4
Brooklyn, NY 11201
| Re: | Second Request for Reconsideration for Refusal to Register Untitled (SR # 1-7780378501; Correspondence ID: 1-3YRXF7R) |
Dear Mr. Duncan:
The Review Board of the United States Copyright Office ("Board:) has considered Caroline Caldwell's ("Caldwell") second request for reconsideration of the Registration Program's refusal to register a copyright claim in the work titled "Untitled" ("Work"). After reviewing the application, deposit copy, and relevant correspondence, along with the arguments in the second request for reconsideration, the Board affirms the Registration Program’s denial of registration.
I. DESCRIPTION OF THE WORK
The Work is a 15-word epigram: "In a society that profits from your self doubt, liking yourself is a rebellious act."
II. ADMINISTRATIVE RECORD
On June 11, 2019, Caroline Caldwell filed an application to register a copyright claim in the Work.[1] In an August 14, 2019 letter, a Copyright Office registration specialist refused to register the claim in the epigram, finding that the Work lacked the minimum literary authorship necessary to support a copyright registration. Initial Letter Refusing Registration from U.S. Copyright Office to David Duncan (Aug. 14, 2019).
- ↑ On the same day, Caldwell filed an application to register a photograph entitled "In a society that profits from your self doubt, liking yourself is a rebellious act." The photograph was registered by the Office under VA0002159213. The epigram and the photograph appear to have been published on Caldwell's Twitter account on May 13 and 15, 2015, respectively. See Caroline Caldwell (@DIRT_WORSHIP), TWITTER (May 13, 2015, 2:15 AM), https://twitter.com/DIRT_WORSHIP/status/598371043154198528 (tweet containing epigram text); Caroline Caldwell (@DIRT_WORSHIP), TWITTER (May 17, 2015, 4:00 PM), https://twitter.com/DIRT_WORSHIP/status/600028189113581569 (tweet with epigram text and attaching photograph). Screenshots of these tweets were attached to Caldwell's Second Request for Reconsideration. Letter from David Duncan to U.S. Copyright Office, Ex. A & B (June 12, 2020) ("Second Request").
