Copyright Roundup

JOHN WIERZBICKI
Law Offices of John R. Wierzbicki

In this edition of the Copyright Roundup, we encapsulate the major developments in copyright over the past several months through to April 2023. The topics are drawn from the discussions of the Copyright IG at its monthly meeting. On the first Wednesday of each month, the Copyright Interest Group meets via Zoom to talk about the latest developments in copyright law. Over the past few years, attendance has grown from a handful of participants to nearly 70 a month. They range from across the spectrum of copyright practice: large to small/solo, plaintiff to defense counsel, academic, in house, government, publishing, technology, art, and others. Geographically, both Northern and Southern California attorneys, and even outside of California, are well represented. Want to join the call? Contact the IG’s Chair, Marcus Peterson (marcus.peterson@oracle.com) or the vice-chairs, Angus MacDonald (Angus.MacDonald@ucop.edu) or me, John Wierzbicki (jwierzbickilaw@gmail.com).

THIRD TIME’S THE CHARM FOR TRINITY CROSS

The U.S. Copyright Office’s Review Board has reversed its refusal to register a sculpture titled "Trinity Cross" after the applicant’s second request for reconsideration. The Work consists of eight rectangular steel plates welded together to form a cross-like shape with a parabolic center surrounded by three blue spheres, on top of a blue circular base plate. According to a November 17, 2023 letter from General Counsel Suzanne Wilson on behalf of the Board, the Board now finds that the Work satisfies the requirement of creative authorship necessary to sustain a claim of copyright. According to Wilson, while the individual elements are not copyrightable, "the Work as a whole employs a selection, arrangement, and combination of individual elements that displays sufficient creativity to meet the requirements for copyright protection."