Case: Darden v. Peters, 488 F.3d 277 (4th Cir., 2007)
Facts: Darden created a website called appraisers.com which is an online referral service for consumers to locate real estate appraisers around the country. It features maps that allow a user to find an appraiser by pointing to and clicking on the appropriate map. It starts at the national level, then state level, then local level. The maps were taken from a digital Census map then colored and labeled. Darden filed an application with the Copyright Office to register his website and related materials. After review, the Copyright Office rejected his applications, noting that the maps lacked authorship. The office asserted that coloring and labeling existing maps does not qualify for copyrighting. Registration of his web page was also rejected as a compilation of graphics. His appeal to the Copyright Office Board of Appeals affirmed denial of his registration. He sued for court review of that decision.
Holding: Appeals court upheld the rejection of the copyright.
Reasoning: The prior decision was affirmed. The court asserted that even though the website, featuring a series of maps, possibly contained copyrightable elements it was not a copyrightable compilation. Compilation authorship is limited to the original selection, coordination, and arrangement of the elements or data contained in a work. The threshold level of creativity required for copyrightability is low. The court also asserted that when any creative spark is lacking or is so trivial as to be nearly nonexistent, the required standard has not been met. An author must have independently created some work, as opposed to copying work form others. Coloring and labeling common maps does not qualify. The Fourth Circuit affirmed the district court’s holding that the Copyright Office did not abuse its discretion in rejecting Darden’s copyright application (the Supreme Court denied Darden’s petition for writ of certiorari on February 25, 2008). The application attempted to register a derivative work that consisted of the addition of color, shading, and labels to preexisting black and white Census maps. Discussing the case, in which the courts found that the map changes lacked even the minimal level of creativity required for copyright protection.
Facts: Darden created a website called appraisers.com which is an online referral service for consumers to locate real estate appraisers around the country. It features maps that allow a user to find an appraiser by pointing to and clicking on the appropriate map. It starts at the national level, then state level, then local level. The maps were taken from a digital Census map then colored and labeled. Darden filed an application with the Copyright Office to register his website and related materials. After review, the Copyright Office rejected his applications, noting that the maps lacked authorship. The office asserted that coloring and labeling existing maps does not qualify for copyrighting. Registration of his web page was also rejected as a compilation of graphics. His appeal to the Copyright Office Board of Appeals affirmed denial of his registration. He sued for court review of that decision.
Holding: Appeals court upheld the rejection of the copyright.
Reasoning: The prior decision was affirmed. The court asserted that even though the website, featuring a series of maps, possibly contained copyrightable elements it was not a copyrightable compilation. Compilation authorship is limited to the original selection, coordination, and arrangement of the elements or data contained in a work. The threshold level of creativity required for copyrightability is low. The court also asserted that when any creative spark is lacking or is so trivial as to be nearly nonexistent, the required standard has not been met. An author must have independently created some work, as opposed to copying work form others. Coloring and labeling common maps does not qualify. The Fourth Circuit affirmed the district court’s holding that the Copyright Office did not abuse its discretion in rejecting Darden’s copyright application (the Supreme Court denied Darden’s petition for writ of certiorari on February 25, 2008). The application attempted to register a derivative work that consisted of the addition of color, shading, and labels to preexisting black and white Census maps. Discussing the case, in which the courts found that the map changes lacked even the minimal level of creativity required for copyright protection.