Director Tracy-Gene G. Durkin and Counsel Ivy Clarice Estoesta will be speakers in the Strafford webinar titled "Copyright and the Originality Requirement for 2-D and 3-D Designs: Guidance From Recent Decisions" on Wednesday, July 7, 2021, from 1:00 to 2:30 PM EDT. This CLE webinar will guide IP counsel on the originality requirement for copyright and the challenges of meeting the requirement for creators. The panel will discuss Copyright Review Board guidance and recent decisions involving 2-dimensional and 3-dimensional designs. The panel will also compare the types of works that are copyrightable in the EU, as well as discuss the unregistered design right in the EU.
Thirty years ago, the U.S. Supreme Court appeared to lower the bar for satisfying the originality requirement for copyright when it decided that it "means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity." Feist Publ’ns Inc. v. Rural Tel. Serv. Co. (U.S. 1991)
However, since that decision, the seemingly easy-to-satisfy requirement appears to be a bigger challenge than expected, particularly for 2-dimensional designs, like logos, graphical user interface, and icons, but also for 3-dimensional designs, particularly when the designs are for useful articles. Therefore, while the standard for originality has been set, application of that standard has proven to be elusive. And recent decisions by the Copyright Review Board and the courts are revealing inconsistent results making it hard to predict the outcome in any given case and therefore to provide guidance to clients on registrability.
The situation is the EU is similar as shown by the recent Brompton Bicycles and Cofemel decisions involving originality for copyrightability in the EU.
Listen as our authoritative panel of IP attorneys examines the copyright originality requirement and the challenges of meeting the requirement. The panel will discuss Board guidance and recent decisions involving 2-dimensional and 3-dimensional designs. The panel will also compare the types of works that are copyrightable in the EU, as well as discuss the unregistered design right in the EU.
- Originality requirement challenges including recent decisions by the Copyright Review Board and federal courts
- 2-D designs
- Fabric patterns/prints
- 3-D designs
- Useful articles
- 2-D designs
- Copyrightability and unregistered design right in the EU
- Considerations for deciding when to register a work with the Copyright Office
- Best practices for responding to and overcoming refusals
The panel will review these and other key issues:
- What guidance do court and Copyright Review Board decisions provide to those seeking copyright protection for 2-D and 3-D designs?
- How can artists effectively protect creative works and avoid infringement claims in the creative process?
- How differently does the EU address the issue of originality for purposes of copyright protection?