Chapter 500
________________________________________
COPYRIGHTABLE MATTER:
PICTORIAL, GRAPHIC, AND
SCULPTURAL WORKS
Outline of Topics
501
Pictorial, graphic, and sculptural works: in
general.
501.01
Forms of embodiment.
502
Works of art.
503
Registration requirements for drawings, paintings,
other
pictorial works, and sculpture.
503.01
Style and artistic merit.
503.02
Copyrightable pictorial, graphic, and sculp-
tural
expression.
503.03
Works not capable of supporting a copyright
claim.
504
Registration requirements for two-dimensional
useful
articles, three-dimensional works of
artistic
craftsmanship, and models.
504.01
Material not subject to registration.
504.02
Examples.
505
Registration requirement for the shapes of three-
dimensional
useful articles.
505.01
Definition of useful article.
505.02
Separability test.
505.03
Separability test: conceptual basis.
505.04
Separability test: physical basis.
505.05
Separability test: factors not relevant in
determining
registrability.
506
Prints.
506.01
Registration requirements.
506.02
pictorial or graphic material.
506.03
uncopyrightable elements.
-1 -
[1984]
Chapter
500
COPYRIGHTABLE
MATTER:
PICTORIAL,
GRAPHIC, AND
SCULPTURAL
WORKS -2
–
507
Reproductions of pictorial, graphic, or sculp-
tural
works.
507.01
Registration requirements.
507.02
Derivative works.
507.03
Reproductions not capable of supporting a
registration.
508
Photographs, holograms, and individual slides.
508.01
Registration requirements.
508.02
Uncopyrightable works.
509
Maps.
509.01
Registration requirements.
509.02
Compilations and derivative works.
509.03
Elements not capable of supporting a copyright.
510
Scientific works: architectural and technical
drawings
and models.
510.01
Registration requirements.
510.02
Uncopyrightable works.
510.03
Ideas, processes, or systems.
510.04
Subjects depicted.
Chapter 500
COPYRIGHTABLE MATTER:
PICTORIAL, GRAPHIC, AND
SCULPTURAL WORKS
501
Pictorial, graphic, and sculptural works: in
general. The copyright law
defines "pictorial,
graphic,
and sculptural works" as including
two-dimensional
and three-dimensional works of
fine,
graphic, and applied art, photographs,
prints
and art reproductions, maps, globes,
charts,
technical drawings, diagrams, and
models.
Such works shall include works of
artistic
craftsmanship insofar as their form
but
not their mechanical or utilitarian aspects
are
concerned: the design of a useful article,
as
defined in this section, shall be considered
a
pictorial, graphic, or sculptural work only
if,
and only to the extent that, such design
incorporates
pictorial, graphic, or sculptural
features
that can be identified separately
from,
and are capable of existing independently
of,
the utilitarian aspects of the article. See
17
U.S.C. 101.
501.01
Forms of embodiment. Registrable pictorial,
graphic,
or sculptural authorship may be
embodied
in a wide variety of forms. These
include
works of fine, graphic, and applied
art:
prints: photographs, holograms, and
individual
slides: art reproductions: maps,
globes,
and charts: architectural and tech-
nical
drawings: diagrams, patterns, models,
and
the like: and advertisements. Motion
pictures,
film strips, slide presentations,
and
other audiovisual works are not "pic-
torial
works" for the purpose of registration.
502
Works of art. These include works of the fine
arts,
such as paintings, other pictorial works,
and
sculpture, as well as works of artistic
craftsmanship,
such as jewelry, glassware,
ceramic
figurines, table service patterns, wall
plaques,
grave markers, toys, dolls, stuffed
toy
animals, models, and the separable artistic
features
of two-dimensional and three-dimen-
sional
useful articles.
500-1
[1984]
500-2
503
Registration requirements for drawings, paint-
ings,
other pictorial works, and sculpture.
Generally,
in order to be entitled to regis-
tration,
such works must contain original pic-
torial,
graphic, or sculptural authorship. If
the
work consists entirely of uncopyrightable
elements,
registration is not authorized. On
the
other hand, the mere presence of uncopy-
rightable
elements in a work will not prevent
registration
on the basis of features that are
copyrightable
under the statute. Thus a
design,
otherwise original, may be registrable
even
though it incorporates uncopyrightable
standard
forms, such as circles and squares.
503.01
Style and artistic merit. The registrability
of
a work of the traditional fine arts is not
affected
by the style of the work or the form
utilized
by the artist. Thus, the form of
the
work can be representational or abstract,
naturalistic
or stylized. Likewise, the regis-
trability
of a work does not depend upon artistic
merit
or aesthetic value. For example, a child's
drawing
may exhibit a very low level of artistic
merit
and yet be entitled to registration as a
pictorial
work.
503.02
Copyrightable pictorial, graphic, and sculp-
tural
expression.
A claim to copyright in a
work
of the traditional fine arts will be
registrable
if the work contains at least a
certain
minimum amount of pictorial, graphic,
or
sculptural expression owing its origin
to
the author. If the expression is pictorial,
the
authorship could be expressed, for example,
in
the linear contours of a drawing, the
assemblage
of diverse fragments forming a
collage,
or the arrangement and juxtaposition
of
pieces of colored stone in a mosaic portrait.
If
the expression is sculptural, the authorship
could,
for example, be expressed by means of
carving,
cutting, molding, casting, shaping,
or
otherwise processing the material into a
three-dimensional
work of sculpture.
[1984]
500-3
503
Registration requirements for drawings, paint-
in,
other pictorial works, and sculpture.
(cont'd)
503.02
Copyrightable pictorial graphic, and sculp-
tural
expression.
503.02(a)
Minimal standards: pictorial or graphic
material. A certain minimal
amount of
original
creative authorship is essen-
tial
for registration in Class VA or
in
any other class. Copyrightability
depends
upon the presence of creative
expression
in a work, and not upon
aesthetic
merit, commercial appeal, or
symbolic
value. Thus, registration
cannot
be based upon the simplicity of
standard
ornamentation such as chevron
stripes,
the attractiveness of a con-
ventional
fleur-de-lys design, or the
religious
significance of a plain,
ordinary
cross. Similarly, it is not
possible
to copyright common geometric
r.
figures or shapes such as the hexagon
or
the ellipse, a standard symbol such
as
an arrow or a five-pointed star.
Likewise,
mere coloration cannot
support
a copyright even though it may
enhance
the aesthetic appeal or com-
mercial
value of a work. For example,
it
is not possible to copyright a new
version
of a textile design merely
because
the colors of red and blue
appearing
in the design have been
replaced
by green and yellow, respec-
tively.
The same is true of a simple
combination
of a few standard symbols
such
as a circle, a star, and a tri-
angle,
with minor linear or spatial
variations.
Examples:
1)
An unpublished design for textile
fabric
is submitted for registra-
tion
in Class VA. The design con-
sists
of a standard unembellished
[1984]
500-4
503
Registration requirements for drawings, paint-
ings,
other pictorial works, and sculpture.
(cont'd)
503.02
Copyrightable pictorial, graphic, and sculp-
tural
expression.
(cont’d)
503.02(a)
Minimal standards: pictorial or graphic
material.
(cont'd)
Examples:
(cont'd)
1)
(cont'd)
character
of Chinese calligraphy
painted
upon horizontally striated
grass
cloth. Practice: Registra-
tion
is not authorized in this
case.
Like typography, calligraphy
is
not copyrightable as such, not-
withstanding
the effect achieved by
calligraphic
brush strokes across a
striated
surface.
2)
An applicant for registration has ..
developed
a novelty item consisting
of
transparently clear plastic
sheets
bonded together around their
periphery,
and having a small
amount
of colored liquid petroleum
in
the air space between the
laminated
sheets. Any slight
pressure
upon the external surface
results
in the formation of undula-
ting
patterns and shapes, no two of
which
are ever identical. Practice:
Since
the specific outlines and
contours
of the patterns and shapes
formed
by the liquid petroleum do
not
owe their origin to a human
agent,
it is not possible to claim
copyright
in such patterns and
shapes.
The novelty of the idea
embodied
in the work and the
effects
achieved by the action of
the
petroleum under pressure like-
wise
do not warrant registration.
[1984]
500-5
503
Registration requirements for drawings, paint-
ings,
other pictorial works, and sculpt.
(cont'd)
503.02
Copyrightable pictorial, graphic, and sculp-
torial
expression.
(cont’d)
503.02(b)
Minimal standards: sculptural material.
The
requisite minimal amount of origi-
nal
sculptural authorship necessary for
registration
in Class VA does not
depend
upon the aesthetic merit, com-
mercial
appeal, or symbolic value of a
work.
Copyrightability is based upon
the
creative expression of the author,
that
is, the manner or way in which the
material
is formed or fashioned. Thus,
registration
cannot be based upon
standard
designs which lack original-
ity,
such as common architecture
moldings,
or the volute used to
decorate
the capitals of Ionic and
Corinthian
columns. Similarly, it is
not
possible to copyright common
geometric
figures or shapes in three-
dimensional
form, such as the cone,
cube,
or sphere. The mere fact that a
work
of sculpture embodies uncopyright-
able
elements, such as standard forms
of
ornamentation or embellishment, will
not
prevent registration. However,
the
creative expression capable of
supporting
copyright must consist of
something
more than the mere bringing
together
of two or three standard forms
or
shapes with minor linear or spatial
variations.
In no event can registra-
tion
rest solely upon the fact that an
idea,
method of operation, plan, or
system
has been successfully communi-
cated
in three-dimensional form. In
every
case, it is the creative expres-
sion
of the author which must be able
to
stand alone as an independent work
apart
from the general idea which
informs
it.
[1984]
500-6
503 Registration requirements for drawings,
paintings, other pictorial works, and sculpture. (cont'd)
503.02
Copyrightable pictorial, graphic, and sculp-
tural
expression.
(cont'd)
503.02(b)
Minimal standards: sculptural material. (cont'd)
Examples:
1)
Registration in Class VA is requested for a design or model of a table lamp.
Cast in plaster of Paris, the design features the head of a horse mounted on an
iron horseshoe with toe and heel calks which supports the entire fixture.
Electrical wiring is concealed within the plaster casting. Practice: If the head
of the horse is original, registration may be considered on that basis.
However, the general idea of embellishing a lighting fixture with a work of art
is not copyrightable. The same is true of the decorative idea of using a
horseshoe as support for a lamp base, regardless of the pleasing effect thereby
achieved.
2)
A toy manufacturer conceives a novel idea for a toy consisting of multicolored
geometrical spheres, cubes, and cylinders of varying sizes. All of these parts
or pieces are magnetized, and will adhere to one another when placed in close
proximity. Thus, it is possible to construct an indefinite variety of shapes
and figures by means of the magnetized parts or pieces. The manufacturer
desires to protect the three-dimensional aspects of the toy before publication
occurs. He applies to the
[1984]
500-7
503
Registration requirements for drawings, paint-
ings,
other pictorial works, and sculpture.
(cont'd)
503.02
Copyrightable pictorial, graphic, and sculp-
tural
expression.
(cont'd)
503.02(b)
Minimal standards: sculptural material.
(cont'd)
Examples:
(cont'd)
2)
(cont'd)
Copyright
Office for registration
of
a design for an unpublished
sculptural
work of art. His appli-
cation
Form VA is accompanied by
one
complete set of magnetized
spheres,
cubes, and cylinders
arranged
in a plain box according
to
size and color. Practice: We
will
refuse a registration in Class
VA
based solely upon the unassem-
bled
toy, even though its component
parts
or pieces are potentially
capable
of being arranged in copy-
rightable
shapes and forms. The
general
idea of the toy is uncopy-
rightable,
regardless of its novelty
or
uniqueness.
3)
A work described as a "mobile"
consists
of nine pieces of trans-
lucent
colored glass each of which
is
suspended by wire from an over-
head
rack designed to rotate about
a
pivot in a horizontal plane. The
suspension
wires vary in length and
no
two pieces of glass share the
same
shape or outline. Registra-
tion
is sought in Class VA on the
basis
of the overall effect pro-
duced
by the play of light upon the
suspended
glass components of a
work
which the applicant describes
as
"three-dimensional." No copy-
rightable
authorship is claimed in
the
design of the individual pieces
[1984]
500-8
503
Registration requirements for drawings, paint-
ings,
other pictorial works, and sculpture.
(cont'd)
503.02
Copyrightable pictorial, graphic, and sculp-
tural
expression (cont'd)
503.02(b)
Minimal standards: sculptural material.
(cont'd)
Examples:
(cont'd)
3)
(cont'd)
of
glass. Practice: Registration
based
upon the cumulative effect
produced
by the component members
of
the mobile will be refused. If
these
members had contained copy-
rightable
authorship, registration
could
have been considered on the
basis
of the two-dimensional design
features
displayed by the pieces of
glass.
503.03
Works not capable of supporting a copyright
claim. Claims to copyright in
the following
works
cannot be registered in the Copyright
Office:
503.03(a)
Works-not originated by a human author.
In
order to be entitled to copyright
registration,
a work must be the product
of
human authorship. Works produced by
mechanical
processes or random selection
without
any contribution by a human author
are
not registrable. Thus, a linoleum
floor
covering featuring a multicolored
pebble
design which was produced by a
mechanical
process in unrepeatable, random
patterns,
is not registrable. Similarly,
a
work owing its form to the forces of
nature
and lacking human authorship is
not
registrable; thus, for example, a
piece
of driftwood even if polished and
mounted
is not registrable.
[1984]
500-9
503
Registration requirements for drawings, paint-
ings,
other pictorial works, and sculpture.
(cont'd)
503.03
Works not capable of supporting a copyright
claim. (cont'd)
503.03(b)
Works containing insufficient expression.
No
registration is possible where the
work
consists solely of elements which
are
incapable of supporting a copyright
claim.
Uncopyrightable elements include
common
geometric figures or symbols,
such
as a hexagon, an arrow, or a
five-pointed
star, as pointed out in
section
503.02(a) above.
503.03(c)
Ideas and concepts. Mere ideas and
concepts
cannot support a copyright claim.
In
order to be registrable, a work must
contain
original copyrightable expression.
Thus,
for example, neither the idea of
folding
a five-pointed star in a manner
that
enables it to stand upright, nor the
star
so folded is registrable.
504
Registration requirements for two-dimensional
useful
articles, three-dimensional works of
artistic
craftsmanship, and models. The regis-
trability
of two-dimensional useful articles
is
determined by the presence of at least a
certain
minimum amount of pictorial or graphic
authorship.
For three-dimensional works of
artistic
craftsmanship falling outside the
definition
of useful articles, such as jewelry,
toys,
and wall plaques, the authorship may be
either
sculptural or pictorial in nature, such
as
carving, cutting, molding, casting, shaping
the
work, arranging the elements into an origi-
nal
combination, or decorating the work with
pictorial
matter. Three-dimensional works of
artistic
craftsmanship are registrable either
in
assembled form, or in unassembled component
pieces,
as for example, an unassembled model
airplane.
[1984]
500-10
504
Registration requirements for-two-dimensional
useful
articles, three-dimensional works of
artistic
craftsmanship, and models. (cont d)
504.01 Material not subject to copyright.
Standard
elements,
as such, are not registrable. Thus,
registration
cannot be made for glassware de-
void
of copyrightable ornamentation, or for
fabric
designs consisting only of polka dots.
Moreover,
the mechanical or utilitarian
aspects
of a three-dimensional work of applied
art
are not subject to copyright protection.
Hence,
the serrated edge of a knife could not
be
the basis of a copyright registration.
504.02
Example. The following are examples of the
principles
governing the registrability of
such
works:
1)
A textile design consisting of nothing
more
than polka dots is not registrable.
However,
a representational image pro-
duced
by the use of dots is registrable.
2)
A jeweled pin consisting of three parallel
rows
of stones is not registrable, while
a
pin consisting of a sculpted bee is
registrable.
3)
A copyright claim in an original stuffed
toy
lion is registrable, while a plain
red
cushion shaped as a five-pointed
star
is not.
505
Registration requirements for the shapes of
three-dimensional
useful articles.
Under the
definition
of "pictorial, graphic, and sculp-
tural
works" in the copyright law, the "design
of
a useful article" is copyrightable only if,
and
only to the extent that, such design incor-
porates
pictorial, graphic, or sculptural
features
that can be identified separately
from,
and are capable of existing independently
of,
the utilitarian aspects of the article.
See
17 U.S.C. 101.
[1984]
500-11
505
Registration requirements for the shapes of
three-dimensional
useful articles.
(cont'd)
505.01
Definition of useful article. A "useful
article"
is an article having an intrinsic
utilitarian
function that is not merely to
portray
the appearance of the article or
to
convey information. An article that is
normally
a part of a useful article is
considered
a "useful article." 17 U.S.C.
101.
Examples of useful articles include
automobiles,
boats, household appliances,
furniture,
work tools, garments, and the
like.
505.02
Separability test. Registration of claims
to
copyright in three-dimensional useful
articles
can be considered only on the
basis
of separately identifiable pictorial,
graphic,
or sculptural features which are
capable
of independent existence apart from
the
shape of the useful article. Determin-
ation
of separability may be made on either
a
conceptual or physical basis.
505.03
Separability test: conceptual basis. Con-
ceptual
separability means that the pic-
torial,
graphic, or sculptural features,
while
physically inseparable by ordinary
means
from the utilitarian item, are never-
theless
clearly recognizable as a pictorial,
graphic,
or sculptural work which can be
visualized
on paper, for example, or as
free-standing
sculpture, as another
example,
independent of the shape of the
useful
article, i.e., the artistic features
can
be imagined separately and independently
from
the useful article without destroying
the
basic shape of the useful article. The
artistic
features and the useful article
could
both exist side by side and be per-
ceived
as fully realized, separate works --
one
an artistic work and the other a useful
article.
Thus, carving on the back of a
chair,
or pictorial matter engraved on a
glass
vase, could be considered for regis-
tration.
The test of conceptual separa-
bility,
however, is not met by merely
[1984]
500-12
505
Registration requirements for the shapes of
three-dimensional
useful articles.
(cont'd)
505.03
Separability test: conceptual basis.
(cont'd)
analogizing
the general shape of a useful
article
to works of modern sculpture, since
the
alleged "artistic features" and the
useful
article cannot be perceived as
having
separate, independent existences.
The
shape of the alleged "artistic fea-
tures"
and of the useful article are one
and
the same, or differ in minor ways: any
differences
are de minimis. The mere fact
that
certain features are nonfunctional or
could
have been designed differently is
irrelevant
under the statutory definition
of
pictorial, graphic, and sculptural works.
Thus,
the fact that a lighting fixture
might
resemble abstract sculpture would not
transform
the lighting fixture into a copy-
rightable
work.
505.04
Separability test: physical basis. The
physical
separability test derives from the
principle
that a copyrightable work of
sculpture
which is later incorporated into
a
useful article retains its copyright pro-
tection.
Examples of works meeting the
physical
separability test include a
sculptured
lamp base of a Balinese dancer,
or
a pencil sharpener shaped like an antique
car.
However, since the overall shape of a
useful
article is not copyrightable, the
test
of physical separability is not met by
the
mere fact that the housing of a useful
article
is detachable from the working parts
of
the article.
505.05
Separability test: factors not relevant in
determining
registrability.
In applying the
test
of separab11ity, the following are not
relevant
considerations: 1) the aesthetic
value
of the design, 2) the fact that the
shape
could be designed differently, or 3)
the
amount of work which went into the
[1984]
500-13
505
Registration requirements for the shapes of
three-dimensional
useful articles.
(cont'd)
505.05
Separability test: factors not relevant in
determining
registrability.
(cont'd)
making
of the design. Thus, the mere fact
that
a famous designer produces a uniquely
shaped
food processor does not render the
design
of the food processor copyrightable.
506
Prints. "Prints" include a wide variety of
pictorial
prints and illustrations produced by
means
of lithography, photoengraving or other
printing
processes, including reproductions of
representational
and abstract designs and color
reproductions
of photographic prints. Examples
of
such works include greeting cards, picture
postcards,
posters, decals, stationery, table
place
mats, advertisements, various kinds of
wrappers,
billboards, shopping bags, and labels.
506.01
Registration requirements. In order to be
entitled
to registration as a print, the
work
must contain at least a certain
minimum
amount of original pictorial or
graphic
authorship.
506.02
Pictorial or graphic material. Registra-
tion
is appropriate for original pictorial
or
graphic material, such as illustrations
and
representational or abstract design, as
well
as photographs reproduced in color by
lithography,
photoengraving, or other printing
processes.
Although the copyrightability of
such
material does not depend upon artistic
merit
or aesthetic value, the material must
contain
at least a certain minimum amount of
original
pictorial or graphic expression to
be
eligible for registration.
506.03
Uncopyrightable elements. In determining
the
registrability of a print, the copy-
right
claim cannot be based solely upon
mere
variations of typographic ornamenta-
tion,
lettering, or coloring. Likewise,
the
arrangement of type on a printed page
cannot
support a copyright claim. However,
[1984]
500-14
506
Prints. (cont'd)
506.03
Uncopyrightable elements. (cont'd)
if
the type is so arranged as to produce a
pictorial
representation, the resulting
image
is registrable. Thus, an advertise-
ment
which utilized lettering to achieve a
pictorial
representation of a person can be
registered.
507
Reproductions of pictorial, graphic, or sculp-
tural
works.
Material comprising "reproductions
of
pictorial, graphic, or sculptural works" include
reproductions
of existing works of art. Examples
of
such reproductions are photoengravings, collo-
types,
silk-screen prints, mezzotints, and three-
dimensional
reproductions of sculpture.
507.01
Registration requirements. In order to be
registrable,
an art reproduction must contain
at
least a certain minimum amount of original
authorship.
This authorship may consist of
drawing,
lithography, photoengraving, etching,
original
sculpturing or molding, and the like.
For
example, a reproduction of Rodin's "Hand
of
God" achieved through sculpturing a minia-
ture
version of the original is registrable.
507.02
Derivative works. Art reproductions are
derivative
works because, by their nature,
they
are based on preexisting works. Accord-
ingly,
a statement identifying the preexisting
artistic
work and indicating the nature of the
authorship
in the reproduction should be given
in
the appropriate spaces on the application
form.
However, in those cases where the author
and
claimant of the reproduction are also the
author
and claimant of the original work of
art
that has been reproduced, and the original
work
has not been previously registered or
published,
registration should be made as
an
original pictorial, graphic, or sculptural
work.
[1984]
500-15
507
Reproductions of pictorial, graphic, sculp-
tural
works.
(cont'd)
507.03
Reproductions not capable of supporting
a
registration. Claims
to copyright in the
following
works cannot be registered in the
Copyright
Office:
507.03(a)
Underlying work not a pictorial, graphic,
or
sculptural work. Where
the underlying
work
is not a pictorial, graphic, or sculp-
tural
work, no registration is possible on
the
basis of reproduction authorship. For
example,
a lithographic reproduction of a
letter
of the alphabet is not registrable.
507.03(b)
Mechanical or photomechanical processes.
Reproductions
made through the mere operation of mechanical or photomechanical processes are
not registrable. For example, a photocopy of an original pen and ink drawing is
not registrable as
an
art reproduction.
508
Photographs, holograms, and individual slides. Works considered for
registration on the basis of photographic authorship include still photo
graPhic
prints, holograms, and individual slides.
508.01
Registration requirements. To be entitled
to
copyright registration, a photograph, holo
gram,
or slide must contain at least a certain
minimum
amount of original expression. Generally, original photographic or holographic
authorship
depends on the variety and number of the elements involved in the composition
of
the photograph or hologram. However, the nature of the thing depicted or the
subject
of
the photograph or hologram, as distinguished from its composition or
arrangement, is not regarded as a copyrightable element. original
photographic
composition capable of supporting
registration
may include such elements as time
and
light exposure, camera angle or perspective achieved, deployment of light and
shadow from natural or artificial light sources, and the arrangement or
disposition of persons, scenery, or other subjects depicted in the photograph.
[1984]
500-16
508
Photographics, holograms, and individual slides.
508.01
Registration requirements. (cont'd)
In
the case of holography, original authorship
depends
largely upon the selection, arrange-
ment,
and disposition of scene and object.
508.02
Uncopyrightable works. Where images are
produced
through the operation of mechanical
or
photomechanical processes with no appreciable
element
of artistic expression, the work is not
registrable.
Examples:
1)
A microfilm merely reproducing public
domain
textual matter is not registrable.
2)
The photocopy of a public domain pictorial
work
is not registrable.
509
Maps. The term "map" refers to cartographic
representations
of area. Common examples include
terrestrial
maps and atlases, marine charts, celes-
tial
maps, and such three-dimensional works as
globes
and relief models.
509.01
Registration requirements. To be regis-
trable,
a map must contain at least a
certain
minimum amount of original carto-
graphic
material. Examples of original
cartographic
material include drawings or
pictorial
representations of area based on
original
surveying or carto-graphic field
work
and compilations resulting from the
original
selection and arrangement of
essentially
cartographic features, such as
roads,
lakes or rivers, cities, political
or
geographic boundaries, and the like.
509.02
Compilations and derivative works. The
preparation
of many maps involves the use
of
previously published source material to
a
significant degree, and the copyrightable
[1984]
509
500-17
509
Maps. (cont'd)
509.02
Compilations and derivative works. (cont'd)
authorship,
therefore, is generally based
upon
elements such as additional compilation
and
drawing. Additional authorship of this
kind
may include cartographic representations
such
as new roads, historical landmarks, or
zoning
boundaries. Where any substantial
portion
of the work submitted for registra
tion
includes previously published or regis
tered
material, or material that is in the
public
domain, statements describing both
the
preexisting material as well as the new
copyrightable
authorship should be given at
the
appropriate spaces on the application
form.
See Chapter 700: APPLICATIONS AND FEES.
509.03
Elements not capable of supporting a copy
right.
A mere
reprint of public domain or
previously
published
material is not regis
trable.
Likewise, a claim based upon an obvious selection and arrangement of materials
is not registrable. For example, an outline map of the united States containing
nothing more than the names of the state capitals does not contain the
necessary authorship to support registration.
510
Scientific works: architectural and technical
drawings
and models. Material
comprising sci-
entific
works includes architectural blueprints, mechanical drawings, engineering
diagrams, astronomical charts, anatomical models, scientific and architectural
models, and similar works.
510.01
Registration requirements. In order to be entitled to registration,
architectural and technical drawings must contain at least a certain minimum
amount of original graphic
or
pictorial matter. A scientific or architectural model must contain at least a
certain minimum amount of original sculptural material.
[1984]
500-18
510 Scientific works: architectural and
technical drawings and models. (cont'd)
510.02 Uncopyrightable works. Claims
to copyright in the following works cannot be registered in the Copyright
Office:
510.02(a)
Devices. Devices and similar articles, designed for computing and
measuring, cannot be registered. Common examples of such works include slide
rules, wheel dials, and nomograms that contain insufficient original literary
or pictorial material. The printed material of which a device usually consists
(lines, numbers, symbols, calibrations, and their arrangement) cannot be
copyrighted, because this material is necessarily dictated by the
uncopyrightable idea, principle, formula, or standard of measurement involved.
510.02(b)
Blank forms. Blank forms and similar works which are designed for
recording information and do not in themselves convey information, cannot be
registered. Common examples include: forms calibrated for use in conjunction
with a machine or device, report forms, graph paper, account books, scorecards,
order forms, vouchers, and the like. See 37 C.F.R. 202.1(c).
510.03
Ideas, processes, or systems. Copyright protection does not extend to
ideas, processes, or systems. Scientific or technical works are registrable
only if they contain the requisite original copyrightable expression. The
following are not protectible by copyright and do not offer a basis for
copyright registration: 1) ideas or procedures for doing, making, or building
things 2) scientific or technical discoveries or methods 3) business operations
or procedures 4) mathematical principles or 5) any other concept, process,
method of operation, or plan of action. See 17 U.S.C. 102(b).
[1984]
500-19
510 Scientific works: architectural and
technical drawings and models. (cont'd)
510.04
Subjects depicted. Where registration is sought for a scientific or
technical work, the application should describe only the authorship contained
in the work and not bear any statements which suggest that registration extends
to the subjects depicted. Thus, the application for
registration
of a claim to copyright in an architectural drawing of a building should
contain no statements which imply that the registration extends to the building.
See 17 D.S.C. l13(b).
[END
OF CHAPTER 500]
[1984]
