Okay, so I had promised myself, when HEADS on TV was born, that I’d be as honest + real as possible about the ENTIRE process of managing a business—including the weird + wonderful learning lessons collected along the way. One of those, as will go down in history, is to be the noble U.S. Copyright Office vs. An Entrepreneur Who Moved Too Quickly Without Reading The Fine Print.
(On a real note: If you’re an artist or business owner, this is a great little refresher on what is required to get an official copyright on any logo design.)
HERE’S HOW IT STARTED
It comes as no surprise that when creating a business concept, it’s typically very early on in the ideation process that one tackles the harrowing quest of nailing the perfect logo design. You want it to be different, but not too wild. You hope it can evoke a certain emotion through color, while also having the ability to shape-shift (and look good on a t-shirt). But for most of us, we just hope we’ve created something unique enough to go down in history, right alongside our brand.
Cut to me, sitting in my bedroom, drawing trapezoids with “HEADS on TV” scribbled in the middle. Don’t get me wrong here—my intentions were pure. I had every belief at that moment that I had created the most cutting-edge concept art in the world. With a name already offering up several potential meanings, I wanted a logo that felt it too could bend and shape its geometric sides into any zebra-printed backdrop I may someday desire. I quickly rendered a Photoshop version, added in a custom font, and printed a test copy that hung above my desk, like the Mona Lisa I believed it to be.
Was it a cool design? Sure. A good match for the brand? You bet. But copyright approved? Not even close.
HERE’S WHAT THE U.S. COPYRIGHT OFFICE SAID
With the approval of my mom secured, and at least one custom fanny pack ordered, I knew it was time to immortalize the sacred trapezoid monolith I had created via the legal system. In the age of Google, it was only a few short minutes before I found myself on the U.S. Copyright Office’s Trademark Certification page, handing over my credit card information and even grinning as I hit “send”.
I slept peacefully that night, with a million visions dancing about my subconscious: Is it possible that I’ve created an idea too monumental for copyright? Will the president need to see it before final approval? Do they have a Copyright Office fridge where they hang their favorite submissions?
In just a few weeks, I had my answer—an e-mail with an attached PDF, which I was sure held my invitation to the White House Correspondent’s Dinner.
But instead, to my horror and surprise, I read the first sentence aloud slowly: “Dear Marilyn Moser, Registration of this work, HEADS on TV Trapezoid Logo, must be refused because it lacks the authorship necessary to support a copyright claim.”
How could this be? As any good millennial would, I skipped all the way to the bottom and read absolutely none of the substance of the letter beyond that first sentence. “This letter is for your information only; no response is necessary. Sincerely, Traci *****”.
After I regained my composure from Traci’s subtle yet firm letdown, picking up the torn pieces of the original logo design I had strewn about the floor, I decided to finally read the contents of the letter in full, zeroing in on one sentence in particular:
“Copyright does not protect familiar symbols or designs; basic geometric shapes; words and short phrases such as names, titles and slogans; or mere variations of typographic ornamentation, lettering or coloring.”
Basic. Geometric. Shapes.
Yes, Marilyn—you just tried to copyright an ancient mathematical theorem.
HERE’S HOW TO AVOID OUR MISTAKE
Jokes aside, there are a few very interesting takeaways from this entire experience.
First and foremost: always read the fine print. Filing fees are nonrefundable (sadly).
Second: if your logo already contains a basic mathematical symbol like ours, don’t panic! As mentioned above, copyright is not required to conduct standard business as an artist, including merch, vinyl distribution and advertising. But if you’re concerned, you may have alternative protection options to standard copyright if your logo does not meet the minimum requirements. A quote from the letter directly: “Some brand names, trade names, slogans, logos and labels may be entitled to protection under the general rules of law relating to unfair competition or to registration under the provisions of the trademark laws. For information on trademark registration go to www.uspto.gov.”
Here’s the full script of the rejection letter I received from the Visual Arts Division of the U.S. Copyright Office:
Dear Marilyn Moser:
Registration of this work, HEADS on TV Trapezoid Logo, must be refused because it lacks the authorship necessary to support a copyright claim.
Copyright protects original works of authorship that are fixed in some physical form. See 17 U.S.C. § 102(a). As used in the copyright context, the term "original" means that the work was independently created by the author (as opposed to copied from other works), and that it possesses sufficient creative authorship. See Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991).
To satisfy these requirements, a work of the visual arts must contain a minimum amount of creative pictorial, graphic or sculptural authorship; a literary work must contain a minimum amount of text. Copyright does not protect familiar symbols or designs; basic geometric shapes; words and short phrases such as names, titles, and slogans; or mere variations of typographic ornamentation, lettering or coloring. See 37 C.F.R. §202.1. Further, copyright does not extend to any idea, concept, system, or process which may be embodied in a work. 17 U.S.C. §102(b).
Neither the aesthetic appeal or commercial value of a work, nor the amount of time and effort expended to create a work are factors that are considered under the copyright law. See Bleistein v. Donaldson, 188 U.S. 239 (1903); Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991). The question is whether there is sufficient creative authorship within the meaning of the copyright statute and settled case law.
After careful consideration, we have determined that this particular work will not support a claim to copyright under the standards described above. Therefore we must refuse registration of this claim. The copyright law requires that we retain the deposit of this work. The filing fee is nonrefundable.
Some brand names, trade names, slogans, logos and labels may be entitled to protection under the general rules of law relating to unfair competition or to registration under the provisions of the trademark laws. For information on trademark registration go to www.uspto.gov.
For more information on copyright, please visit our website at www.copyright.gov.
