In Todd v. Montana Silversmiths, Inc., Kathleen Todd, a "western-themed" jewelry artist, wanted to “make jewelry that looked like barbed wire...[but more] aesthetically pleasing.” So, she created a line of barbed wire bracelets and earrings for which she obtained a copyright.
A few years after Todd created her jewelry pieces, Montana Silversmiths, also a "western-themed" designer, released their own line of barbed wire jewelry. When Todd became aware of Montana's line and its similarity to her own, she sued them for copyright infringement. Ultimately, both sides filed motions for summary judgment with Montana challenging whether Todd's work was even eligible for copyright. Yes, even though Todd's pieces were formally registered by the Copyright Office, the validity of that registration can be challenged in court.
Montana claimed that barbed wire is in the public domain and that Todd's jewelry pieces added nothing original and the court agreed. Todd’s main goal was to make jewelry that looked like a common object and she succeeded. The court determined that Todd “failed to show what copyrightable feature(s) she has added to her work to separate it from ordinary public domain barbed-wire.” Todd’s pieces were a “merely trivial” variation on barbed wire which, ultimately, did not merit protection.
The Takeaway: You have to show the spark of creativity to qualify for copyright protection. Even if you obtain a copyright, its validity can be challenged in court.
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