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]