Copyright Office Properly Rejected Application for Registration of Appraiser Web Site and Maps

Case: Darden v. Peters, No. 06-1177 (4th Cir. 5/24/07)

The One Sentence Summary: The Copyright Office did not abuse its discretion in denying website creator's application for copyright registration of website and maps featured on website because additions made to U.S. Census maps were not sufficiently original to merit copyright protection.

What They Were Fighting About: William Darden, creator of "appraisers.com" website, applied for copyright registration of the website and a separate registration for the various maps of the United States featured on the website. The Copyright Office rejected his applications because Darden's addition of labeling, relief, coloring and shading to the U.S. Census digital maps was not sufficiently original and creative to merit copyright protection. The Copyright Office Board of Appeals affirmed the rejection of his applications.

Darden brought a claim against the Register of Copyrights under the Administrative Procedure Act ("APA"), seeking judicial review of the decision of the Copyright Office to deny registration of his copyright claim. The district court granted the Register's motion for summary judgment, finding the Copyright Office did not abuse its discretion in rejecting Darden's copyright applications.

Darden appealed the district court's decision, claiming the de novo standard of review should have been applied.

Fourth Circuit Holdings:

• The Court rejected Darden's argument that copyright registration is a constitutional right meriting the de novo standard of review under the APA, 5 U.S.C. section 706(2)(B).


• The Court refused to set aside the Register's decision as "contrary to law" because Darden failed to identify any relevant factors or legal principles that the Register did not consider in making its decision.


• The Court rejected Darden's claim that his applications were sufficiently original because his addition of labels, coloring and shading to preexisting maps lacked the minimum level of creativity required for copyright protection. The Court refused to consider evidence that Darden's customers associated the maps with his company because if a work does not merit copyright protection when it is created, it will never merit protection.


• The Court affirmed the district court's grant of summary judgment in favor of the Register, finding that the Copyright Office did not abuse its discretion in rejecting Darden's applications for registration of his maps and website.