Page:Jaws illustration copyright decision.pdf/1

 August 1, 2014

Stern, Shapiro, Weissberg & Garin, LLP Attn: Paul Sennott 90 Canal Street Boston, MA 02114-2022 Dear Mr. Sennott:

The Review Board of the United States Copyright Office (the “Board”) is in receipt of your second request for reconsideration of the Registration Program’s refusal to register the work entitled: Jaws Illustration (the “Work”). You submitted this request on behalf of your client, Roger Kastel. It was received by this office on February 7, 2014.

The Board has examined the application, the deposit copies, and all of the correspondence in this case. After careful consideration of the arguments in your second request for reconsideration, the Board affirms the Registration Program’s denial of registration of the Work. The Board’s reasoning is set forth below. Pursuant to 37 C.F.R. § 202.5(g), this decision constitutes final agency action on this matter.

I.DESCRIPTION OF THE WORK

The application for registration of the Work was filed as a 2-D artwork. The illustration consists of a large shark with an open mouth full of jagged teeth moments before it attacks an unsuspecting female swimmer. The Work was completed in 1974 and was first published on January 1, 1975 as the cover artwork for the paperback version of Peter Benchley’s novel Jaws (the “Book”). Immediately following the title page, the Book contains a copyright notice which states “Copyright © 1974 Peter Benchley.” There is no copyright notice on the Work itself.