Visual Art Works

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C O M P E N D I U M : Chapter 900
Visual Art Works
Contents
901 	What This Chapter Covers ................................................................................................................................................. 5
902 	Visual Arts Division ............................................................................................................................................................... 5
903 	What Is a Visual Art Work? ................................................................................................................................................ 5
903.1 	Pictorial, Graphic, and Sculptural Works .................................................................................................................... 6
903.2 	Architectural Works ............................................................................................................................................................. 7
904 	Fixation of Visual Art Works ............................................................................................................................................. 7
905 	Copyrightable Authorship in Visual Art Works ........................................................................................................ 8
906 	Uncopyrightable Material .................................................................................................................................................. 9
906.1 	Common Geometric Shapes .............................................................................................................................................. 9
906.2 	Familiar Symbols and Designs ...................................................................................................................................... 11
906.3 	Colors, Coloring, and Coloration .................................................................................................................................. 11
906.4 	Typeface, Typefont, Lettering, Calligraphy, and Typographic Ornamentation ....................................... 13
906.5 	Spatial Format and Layout Design .............................................................................................................................. 14
906.6 	Mechanical Processes and Random Selection ........................................................................................................ 15
906.7 	Naturally Occurring and Discovered Material ....................................................................................................... 15
906.8 	Functional and Useful Elements ................................................................................................................................... 16
907 	Derivative Visual Art Works .......................................................................................................................................... 16
907.1 	Copyrightable Authorship in Derivative Works .................................................................................................... 16
907.2 	Permission to Use Preexisting Material .................................................................................................................... 17
908 	Jewelry ..................................................................................................................................................................................... 18
908.1 	What Is Jewelry?.................................................................................................................................................................. 18
908.2 	Copyrightable Authorship in Jewelry ........................................................................................................................ 18
908.3 	Application Tips for Jewelry .......................................................................................................................................... 19
909 	Photographic Works .......................................................................................................................................................... 20
909.1 	Copyrightable Authorship in Photographs .............................................................................................................. 20
909.2 	Subject Matter of Photographs ..................................................................................................................................... 20
909.3 	Photographic Reproductions, Digital Copying, and Editing ............................................................................. 21
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910 	Games....................................................................................................................................................................................... 22
911 	Characters .............................................................................................................................................................................. 23
912 	Cartoons, Comic Strips, and Comic Books ................................................................................................................ 24
913 	Trademarks, Logos, and Labels .................................................................................................................................... 26
913.1 	Copyrightable Authorship in Trademarks, Logos, and Labels ........................................................................ 26
913.2 	Application Tips for Trademarks, Logos, and Labels .......................................................................................... 27
914 	Catalogs ................................................................................................................................................................................... 27
915 	Retrospective WorksBooks and Exhibition Catalogs .......................................................................................... 29
916 	Art Prints and Reproductions ....................................................................................................................................... 29
916.1 	Copyrightable Authorship in Art Prints and Reproductions ........................................................................... 29
916.2 	Application Tips for Art Prints and Reproductions ............................................................................................. 30
916.2(A) 	Distinguishing Art Prints and Reproductions from the Source Work and Identifying Material ...... 30
916.2(B) 	Authorship Unclear ............................................................................................................................................................ 31
917 	Installation Art ..................................................................................................................................................................... 31
918 	Maps ......................................................................................................................................................................................... 31
918.1 	Copyrightable Authorship in Maps ............................................................................................................................. 32
918.2 	Derivative Maps................................................................................................................................................................... 32
919 	Models, Including Three-Dimensional Reproductions and Scientific Models.......................................... 32
919.1 	Copyrightable Authorship in Models ......................................................................................................................... 33
919.2 	Application Tips for Models ........................................................................................................................................... 33
920 	Patterns, Stencils, and How-To Books ....................................................................................................................... 34
920.1 	Patterns for Making Articles .......................................................................................................................................... 34
920.2 	Stencils and Templates..................................................................................................................................................... 34
920.3 	How-To Books, Project Books, and Crafts-Making Books ................................................................................. 34
920.4 	Application Tips for Patterns, Stencils, and How-To Books ............................................................................. 35
921 	Graphs, Charts, Tables, and Figures ............................................................................................................................ 35
922 	Technical and Scientific Drawings .............................................................................................................................. 36
923 	Architectural Works .......................................................................................................................................................... 37
923.1 	Architectural Works Distinguished from Technical Drawings ....................................................................... 37
923.2 	Copyrightable Authorship in Architectural Works .............................................................................................. 37
923.2(A) 	Standard Configurations .................................................................................................................................................. 38
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923.2(B) 	Functional Features ........................................................................................................................................................... 38
923.2(C) 	Building Designs Created Before December 1, 1990 .......................................................................................... 39
923.3 	Application Tips for Architectural Works ................................................................................................................ 39
924 	Registration Requirements for the Design of a Useful Article Useful Articles ......................................... 40
924.1 	What Is a Useful Article? .................................................................................................................................................. 40
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C O M P E N D I U M : Chapter 900
Visual Art Works
901 	What This Chapter Covers
This Chapter covers issues related to the examination and registration of visual art
works. Visual art works include a wide variety of pictorial, graphic, and sculptural works
and architectural works, which are discussed in more detail below.
• 	For a general overview of the registration process, see Chapter 200.
• 	For a general discussion of copyrightable authorship, see Chapter 300.
• 	For a discussion of who may file an application, see Chapter 400.
• 	For guidance in identifying the work that the applicant intends to register, see
Chapter 500.
• 	For guidance in completing the fields/spaces of a basic application, see Chapter 600.
• 	For guidance on the filing fee, see Chapter 1400.
• 	For guidance on submitting the deposit copy(ies), see Chapter 1500.
The U.S. Copyright Office uses the term “visual art works” and “works of the visual arts”
to collectively refer to the types of works listed in Sections 903.1 and 903.2 below. This
Chapter does not discuss “works of visual art,” which is a specific class of works that are
eligible for protection under the Visual Artists Rights Act. See 17 U.S.C. § 101 (definition
of “work of visual art”), 106A. For a definition of this term and for information
concerning the Visual Arts Registry for such works, see Chapter 2300, Section 2314.
Likewise, this Chapter does not discuss the registration and examination of mask works
or vessel designs, which are examined by the Visual Arts Division of the U.S. Copyright
Office. For information on the registration and examination of mask works, and vessel
designs, see Chapters 1200 and 1300.
902 	Visual Arts Division
The U.S. Copyright Office’s Visual Arts Division (“VA”) handles the examination and
registration of all visual art works. The registration specialists in VA have experience
reviewing a variety of visual art works and specialize in these particular types of work.
903 	What Is a Visual Art Work?
For purposes of registration, the U.S. Copyright Office defines visual art works as (i)
pictorial, graphic, and sculptural works, and (ii) architectural works.
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903.1 	Pictorial, Graphic, and Sculptural Works
The most common types of visual art works are pictorial, graphic, and sculptural works.
These types of works include:
• 	Fine art (e.g., painting and sculpture).
• 	Graphic art.
• 	Applied art (e.g., art applied to an article).
• 	Photographs.
• 	Prints and art reproductions.
• 	Maps, globes, and other cartographic materials.
• 	Charts and Diagrams.
• 	Models.
• 	Technical drawings, including architectural plans.
• 	Works of artistic craftsmanship (e.g., textiles, jewelry, decorative glassware,
potterytable service patterns, wall plaques, toys, dolls, and stuffed toy animals,
models, and the separable artistic features of two dimensional and three
dimensional useful articles).
• 	The separable features of two-dimensional and three-dimensional useful articles.
17 U.S.C. § 101 (definition of “pictorial, graphic, and sculptural works”). For information
concerning specific types of pictorial, graphic, and sculptural works, see Sections 908
through 923.
Congress made it clear that pictorial, graphic, and sculptural works are subject to an
important limitation, namely that useful articles and functional elements of pictorial,
graphic, and sculptural works are not copyrightable
As discussed in Section 924, “an artistic feature of the design of a useful article” “is
eligible for copyright protection only if the feature (1) can be perceived as a two-
dimensional or three-dimensional work of art separate from the useful article and (2)
would qualify as a protectable pictorial, graphic, or sculptural work – either on its own
or fixed in some other tangible medium of expression – if it were imagined separately
from the useful article into which it is incorporated.” Star Athletica, LLC, unless they are
physically or conceptually separable from the functional or useful elements of the work.
For a definition and discussion of “useful articles,” see Section 924.
v. Varsity Brands, Inc., 137 S. Ct. 1002, 1007 (2017).
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903.2 	Architectural Works
The Copyright Act protects certain architectural works, which are defined as “the design
of a building as embodied in any tangible medium of expression, including a building,
architectural plans, or drawings.” 17 U.S.C. § 101. An architectural work “includes the
overall form as well as the arrangement and composition of spaces and elements in the
design, but does not include individual standard features.” Id. For detailed information
concerning architectural works, see Section 923.
904 	Fixation of Visual Art Works
A visual art work must be “fixed” in a “tangible medium of expression” to be eligible for
copyright protection. 17 U.S.C. § 102(a). The authorship may be new or may consist of
registrable derivative authorship. The basic requirement is that the work must be
embodied in some form that allows the work to be “perceived, reproduced, or otherwise
communicated for a period of more than a transitory duration.” 17 U.S.C. § 101
(definition of “fixed”). The U.S. Copyright Office will register visual art works that are
embodied in a wide variety of forms, including:
• 	Canvas.
• 	Paper.
• 	Clay.
• 	Stone.
• 	Metal.
• 	Prints.
• 	Collages.
• 	Photographic film.
• 	Digital files.
• 	Holograms and individual slides.
• 	Art reproductions.
• 	Diagrams, patterns, and models.
• 	Constructed buildings or models depicting an architectural work.
This is not an exhaustive list and the Office will consider other forms of embodiment on
a case-by-case basis. In particular, architectural works do not have to be constructed to
be eligible for copyright protection.
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While most visual art works are fixed by their very nature (e.g., a sculpture, a painting,
or a drawing), there are some works that may not be sufficiently fixed to warrant
registration. Specifically, the Office cannot register a work created in a medium that is
not intended to exist for more than a transitory period, or in a medium that is constantly
changing.
Most visual art works satisfy the fixation requirement, because the deposit copy(ies) or
identifying material submitted with the application usually indicate that the work is
capable of being perceived for more than a transitory duration. However, the fact that
uncopyrightable material has been fixed through reproduction does not make the
underlying material copyrightable. For example, a photograph of a fireworks display
may be a copyrightable fixation of the photographic image, but the fireworks themselves
do not constitute copyrightable subject matter. Similarly, a textual description of the
idea for a painting may be a copyrightable fixation of the text, but it is not a fixation of
the painting described therein.
As a general rule, applicants do not have to submit an original or unique copy of a visual
art work in order to register that work with the Office. In most cases, applicants may
submit photographs or other identifying materials that provide the Office with a
sufficient representation or depiction of the work for examination purposes.
When completing an application, applicants should accurately identify the work that is
being submitted for registration, particularly when submitting identifying material. For
example, if the applicant intends to register a sculpture and submits a photograph of the
sculpture as the identifying material, the applicant should expressly state “sculpture” in
the application. Otherwise, it may be unclear whether the applicant intends to register
the photograph or the sculpture shown in the photograph.
Before submitting identifying material for a published visual art work, applicants should
determine whether the work is subject to consult the best edition requirement. As a
general rule, an applicant should submit the “best edition” if the work was published in
the United States on or after January 1, 1978. The criteria used to identify the best
edition of a particular work requirements, which are listed in the “Best Edition
Statement,” which is” set forth in Appendix B to Part 202 of the Office’s regulations.
ItThe Best Edition Statement is also posted on the Office’s website in Circular 7B: Best
Edition of Published Copyrighted Works for the Collections of the Library of Congress
(www.copyright.gov/circs/circ07b.pdf). For specific deposit requirements for different
types of visual art works, see Chapter 1500, Section 1509.3.
905 	Copyrightable Authorship in Visual Art Works
The U.S. Copyright Office may register a visual art work (i) if it is the product of human
authorship, (ii) if it was independently created (meaning that the work was not merely
copied from another source), and (iii) if it contains a sufficient amount of original
pictorial, graphic, sculptural, or architectural authorship. The Office reviews visual art
works consistent with the general principles set forth in Chapter 300 (Copyrightable
Authorship: What Can Be Registered), as well as the guidelines described in this
Chapter.
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In the case of two-dimensional works, original authorship may be expressed in a variety
of ways, such as the linear contours of a drawing, the design and brush strokes of a
painting, the diverse fragments forming a collage, the pieces of colored stone arranged
in a mosaic portrait, among other forms of pictorial or graphic expression.
In the case of three-dimensional works, original authorship may be expressed in many
ways, such as carving, cutting, molding, casting, shaping, or otherwise processing
material into a three-dimensional work of sculpture.
Likewise, original authorship may be present in the selection, coordination, and/or
arrangement of images, words, or other elements, provided that there is a sufficient
amount of creative expression in the work as a whole.
In all cases, a visual art work must contain a sufficient amount of creative expression.
Merely bringing together only a few standard forms or shapes with minor linear or
spatial variations does not satisfy this requirement.
The Office will not register works that consist entirely of uncopyrightable elements
(such as those discussed in Chapter 300, Section 313 and Section 906 below) unless
those elements have been selected, coordinated, and/or arranged in a sufficiently
creative manner. In no event can registration rest solely upon the mere communication
in two- or three-dimensional form of an idea, method of operation, plan, process, or
system. In each case, the author’s creative expression must stand alone as an
independent work apart from the idea which informs it. 17 U.S.C. § 102(b).
For more information on copyrightable authorship, see Chapter 300 (Copyrightable
Authorship: What Can be Registered).
906 	Uncopyrightable Material
Section 102(a) of the Copyright Act states that copyright protection only extends to
“original works of authorship.” 17 U.S.C. § 102(a). Works that have not been fixed in a
tangible medium of expression, works that have not been created by a human being, and
works that are not eligible for copyright protection in the United States do not satisfy
this requirement. Likewise, the copyright law does not protect works that do not
constitute copyrightable subject matter or works that do not contain a sufficient amount
of original authorship.
The U.S. Copyright Office will register a visual art work that includes uncopyrightable
material if the work as a whole is sufficiently creative and original. Some of the
uncopyrightable elements that are commonly found in visual art works are discussed in
Sections 906.1 through 906.8 below. For a general discussion of uncopyrightable
material, see Chapter 300, Section 313.
906.1 	Common Geometric Shapes
The Copyright Act does not protect common geometric shapes, either in two-
dimensional or three-dimensional form. There are numerous common geometric
shapes, including, without limitation, straight or curved lines, circles, ovals, spheres,
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triangles, cones, squares, squares, cubes, rectangles, diamonds, trapezoids,
parallelograms, pentagons, hexagons, heptagons, octagons, and decagons.
Generally, the U.S. Copyright Office will not register a work that merely consists of
common geometric shapes unless the author’s use of those shapes results in a work that,
as a whole, is sufficiently creative.
Examples:
• 	Geoffrey George creates a drawing depicting a standard pentagon
with no additional design elements. The registration specialist will
refuse to register the drawing because it consists only of a simple
geometric shape.
• 	Georgina Glenn painstakingly sculpts a perfectly smooth marble
sphere over a period of five months. The registration specialist will
refuse to register this work because it is a common geometric shape
and any design in the marble is merely an attribute of the natural
stone, rather than a product of human expression.
• 	Grover Gold creates a painting of a beach scene that includes circles
of varying sizes representing bubbles, striated lines representing
ocean currents, as well as triangles and curved lines representing
birds and shark fins. The registration specialist will register the
claim despite the presence of the common geometric shapes.
• 	Gloria Grimwald paints a picture with a purple background and
evenly spaced white circles:
The registration specialist will refuse to register this claim because
simple geometric symbols are not eligible for copyright protection,
and the combination of the purple rectangle and the standard
symmetrical arrangement of the white circles does not contain a
sufficient amount of creative expression to warrant registration.
• 	Gemma Grayson creates a wrapping paper design that includes
circles, triangles, and stars arranged in an unusual pattern with each
element portrayed in a different color:
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The registration specialist will register this claim because it
combines multiple types of geometric shapes in a variety of sizes
and colors, culminating in a creative design that goes beyond the
mere display of a few geometric shapes in a preordained or obvious
arrangement.
906.2 	Familiar Symbols and Designs
Familiar symbols and designs are not protected by the Copyright Act. 37 C.F.R. §
202.1(a). Likewise, the copyright law does not protect mere variations on a familiar
symbol or design, either in two or three-dimensional form. For representative examples
of symbols or designs that cannot be registered with the U.S. Copyright Office, see
Chapter 300, Section 313.4(J).
A work that includes familiar symbols or designs may be registered if the registration
specialist determines that the author used these elements in a creative manner and that
the work as a whole is eligible for copyright protection.
Examples:
• 	Francis Ford created a sketch of the standard fleur de lys design used
by the French monarchy. The registration specialist may refuse to
register this claim if the work merely depicts a common fleur de lys.
• 	Samantha Stone drew an original silhouette of Marie Antoinette
with a backdrop featuring multiple fleur de lys designs. The
registration specialist may register this work because it
incorporates an original, artistic drawing in addition to the standard
fleur de lys designs.
906.3 	Colors, Coloring, and Coloration
Mere coloration or mere variations in coloring alone are not eligible for copyright
protection. 37 C.F.R. § 202.1(a).
Merely adding or changing one or relatively few colors in a work, or combining expected
or familiar pairs or sets of colors is not copyrightable, regardless of whether the changes
are made by hand, computer, or some other process. This is the case even if the
coloration makes a work more aesthetically pleasing or commercially valuable. For
example, the Office will not register a visual art work if the author merely added
relatively few colors to a preexisting design or simply created multiple colorized
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versions of the same basic design. Copyright Registration for Colorized Versions of Black
and White Motion Pictures, 52 Fed. Reg. 23,443, 23,444 (June 22, 1987). Likewise, the
Office generally will not register a visual art work if the author merely applied colors to
aid in the visual display of a graph, chart, table, device, or other article.
The Office understands that color is a major element of design in visual art works, and
the Office will allow an applicant to include appropriate references to color in an
application. For instance, if an applicant refers to specific colors or uses terms such as
“color,” “colored,” “colors,” “coloring,” or “coloration,” the registration specialist
generally will not reject the claim if the work contains a sufficient amount of creative
authorship aside from the coloration alone.
Examples:
• 	Cleo Camp took a photograph of a tree and digitally edited the
image to add new shades of red and blue. Cleo submitted an
application to register the altered photograph and described her
authorship as “original photograph digitally edited to add new
shades of blue and red in certain places.” The registration specialist
will register the claim because the creativity in the photograph,
together with the alteration of the colors, is sufficiently creative.
• 	Charles Carter took a digital image of Leonardo da Vinci’s Mona Lisa
and added different hair color, colored nail polish, stylized clothing,
and darkened skin. Charles submitted an application to register the
image, and described his authorship as “changed public domain
Mona Lisa to green and pink streaked hair; purple nail polish;
prisoner-striped black-white clothing; and darkened rouge on
cheeks.” The registration specialist will register the work because
the changes in color are sufficient to constitute a new work of
authorship.
• 	Clara Connor found a black and white photograph that is in the
public domain. She altered the image by adding a variety of colors,
shades, and tones to make it appear as if the photo was taken in a
different season. Clara submitted an application to register the
revised photograph and in the Author Created and New Material
Included fields she described her authorship as “adapted public
domain black-white image by adding different colors, shades, tones,
in various places of derivative work.” The registration specialist
may register the work if Clara made sufficient changes to the
preexisting photograph.
• 	Chris Crisp purchased a coloring book and colored the images with
watercolors. He submitted an application to register the work and
described his authorship in the Author Created and New Material
Included fields as “added selected colors to pictures in someone
else’s coloring book.” The registration specialist may refuse to
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register the work if the changes were dictated by the coloring book
and the addition of color was not sufficiently creative.
• 	Colette Card registered a fabric design called “Baby Girl Fabric,”
which contains a pink background with stylized images of cribs,
rattles, and pacifiers. Colette then created a fabric design called
“Baby Boy Fabric” that is identical to the “Baby Girl Fabric” design,
except that the background color is blue instead of pink. Colette
attempts to register the “Baby Boy Fabric,” disclaiming the prior
registration for the “Baby Girl Fabric.” The registration specialist
will refuse to register the blue variation because it is identical to the
preexisting “Baby Girl Fabric” design aside from the mere change in
background color.
906.4 	Typeface, Typefont, Lettering, Calligraphy, and Typographic Ornamentation
As a general rule, typeface, typefont, lettering, calligraphy, and typographic
ornamentation are not registrable. 37 C.F.R. § 202.1(a), (e). These elements are mere
variations of uncopyrightable letters or words, which in turn are the building blocks of
expression. See id. The Office typically refuses claims based on individual alphabetic or
numbering characters, sets or fonts of related characters, fanciful lettering and
calligraphy, or other forms of typeface. This is true regardless of how novel and creative
the shape and form of the typeface characters may be. A typeface character cannot be
analogized to a work of art, because the creative aspects of the character (if any) cannot
be separated from the utilitarian nature of that character.
Examples:
• 	Felicia Frost creates a font called “Pioneer Living” with
embellishments that evokesevoke historical “Wanted: Dead or
Alive” posters. The registration specialist will refuse to register this
font because it is a building blockutilitarian method of writing.
without any separable elements that are copyrightable.
• 	Calliope Cash creates a textile fabric consisting of blue and white
verticallyhorizontally striped grass cloth andwith a traditional
Chinese proverb. Each character ispale blue background and
characters painted on a separate stripe in standard, unembellished
Chinese calligraphy. The registration specialist will refuse to
register this fabric design because the calligraphy consists of
standard Chinese characters, and the simple arrangementmere
addition of characters on verticalhorizontal stripes andor the choice
of grass cloth does not add sufficient creativity to warrant
registration.
There are some very limited cases where the Office may register some types of typeface,
typefont, lettering, or calligraphy, such as the following:
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• 	Pictorial or graphic elements that are incorporated intoused to decorate
uncopyrightable characters or used to represent an entire letter or number may be
registrable, provided that the elements are separable from the utilitarian form of the
characters. Examples include original pictorial art that forms the entire body or
shape of the typeface characters, such as a representation of an oak tree, a rose, or a
giraffe that is depicted in the shape of a particular letter. In these cases, the
representational art may be conceptually separable from the useful function of the
typeface.
• 	Typeface ornamentation that is separable from the typeface characters is almost
always an add-on to the beginning and/or ending of the characters. To the extent
that such flourishes, swirls, vector ornaments, scrollwork, borders and frames,
wreaths, and the like represent works of pictorial authorship in either their
individual designs or patterned repetitions, they may be protected by copyright.
However, the mere use of text effects (including chalk, popup papercraft, neon, beer
glass, spooky-fog, and weathered-and-worn), while potentially separable, is de
minimis and not sufficient to support a registration.
The Office may register a computer program that creates or uses certain typeface or
typefont designs, but the registration covers only the source code that generates these
designs, not the typeface, typefont, lettering, or calligraphy itself. For a general
discussion of computer programs that generate typeface designs, see Chapter 700,
Section 723.
To register the copyrightable ornamentation in typeface, typefont, lettering, or
calligraphy, the applicant should describe the surface decoration or other
ornamentation and should explain how it is separable from the typeface characters. The
applicant should avoid using unclear terms, such as “typeface,” “type,” “font,” “letters,”
“lettering,” or similar terms.
906.5 	Spatial Format and Layout Design
As a general rule, the U.S. Copyright Office will not accept vague claims in “format” or
“layout.” The general layout or format of a book, a page, a website, a webpage, a poster, a
form, etc., is not copyrightable, because it is merely a template for expression and does
not constitute original expression in and of itself. If the applicant uses the terms “layout”
and/or “format” in the application, the registration specialist will communicate with the
applicant to clarify the claim. Copyright protection may be available for the author’s
original selection and/or arrangement of specific content if it is sufficiently creative, but
the copyright does not extend to the organization without that particular content.
Examples:
• 	Loretta Leonard published a series of books on bird watching. Each
book has a two-inch right margin and a half-inch left margin, with
the text appearing in two columns of differing lengths. Loretta
submits an application to register the template for this layout. The
registration specialist will refuse to register this claim because the
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layout of these books does not contain a sufficient amount of
originality to be protected by copyright law.
• 	Fred Foster publishes a one-page newsletter titled Condo Living that
provides information for residents of his condominium complex.
Each issue contains the name of the newsletter, a drawing of the sun
rising over the complex, two columns reserved for text, and a box
underneath the columns reserved for photographs. Fred attempts to
register the layout for his newsletter. The registration specialist will
reject the claim in layout, but may register the illustration if it is
sufficiently creative.
906.6 	Mechanical Processes and Random Selection
The copyright law only protects works of authorship that are created by human beings.
Works made through purely mechanical processes or with an automated selection and
arrangement are not eligible for copyright protection. The U.S. Copyright Office will
refuse to register a claim in a work that is created through the operation of a machine or
process without any human interaction, even if the design is randomly generated.
Example:
• 	Megan Mott developed linoleum flooring with a random confetti
design. The design was created by a purely mechanical process that
randomly distributed material on the surface of the linoleum. The
registration specialist will refuse to register this design because it
was produced by a mechanical process and a random selection and
arrangement.
906.7 	Naturally Occurring and Discovered Material
Because human authorship is required for copyright protection, the U.S. Copyright Office
will not register naturally occurring objects or materials that are discovered in nature.
This includes natural objects or materials with standard wear or acute breaks or
fissures resulting from weather conditions or other natural phenomena, such as water
currents, wind, rain, lightning, sunlight, heat, or cold. Similarly, the Office will refuse to
register a work that is created through naturally occurring processes or events, such as
the resulting visual appearance of an object or liquid when different chemical elements
interact with each other.
Examples:
• 	Nina Nine found a piece of driftwood that was smoothed by ocean
currents. She carved an intricate seagull design in the side of the
driftwood, polished it, and submitted an application to register the
overall work. Although there is no human authorship in the
driftwood itself, the registration specialist may register the seagull
carving if it is sufficiently creative.
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• 	Felipe French found a stone with deep grooves. Felipe brought the
stone to his studio, polished it, mounted it on a brass plate, and
submitted it for registration. The registration specialist will refuse
registration because the stone’s appearance was the result of a
naturally occurring phenomenon and the mounting was merely de
minimis.
• 	Natalia Night creates a sticker made of two clear plastic sheets
bonded together with a small amount of colored liquid petroleum
between the sheets. Due to the way petroleum naturally behaves,
any slight pressure on the outside of the sticker creates undulating
patterns and shapes, no two of which are ever identical. The
registration specialist will refuse to register this sticker because the
specific outlines and contours of the patterns and shapes formed by
the liquid petroleum were not created by Natalia, but instead were
created by a naturally occurring phenomenon.
906.8 	Functional and Useful Elements
The copyright law does not protect “useful articles” as such, utilitarian designs, or the
“mechanical or useful aspects” of works of artistic craftsmanship.”any functional portion
of a 17 U.S.C. § 101 (definition of “pictorial, graphic, andor sculptural works”).work.
However, copyright does protect the creative form of a work of artistic craftsmanship,
such as a creatively-shaped necklace or the decorative vase. Copyright also protects
two- or three-dimensional artistic features incorporated into the design
ofornamentation on a useful article, may be registrable if those features areit is
separable from the usefulfunctional aspects of that article.
For example, a lamp is a considered a useful article, because it has an intrinsic utilitarian
function, namely, to provide lighting. By contrast, a three-dimensional floral design
affixed to the base of a lamp or a two-dimensional garden design painted on a lamp
shade does not have an intrinsic utilitarian function. Therefore,a useful purpose. The
U.S. Copyright Office may register those design featureselements if they are separable
from the functional aspects of the lamp and if they are sufficiently original and creative.
Fabrica, Inc. v. See Star Athletica, 137 S. Ct. at 1007, 1011-12. El Dorado Corp., 697 F.2d
890, 893 (9th Cir. 1983) (“if an article has any intrinsic utilitarian function, it can be
denied copyright protection except to the extent that its artistic features can be
identified separately and are capable of existing independently as a work of art”).
For a general discussion of the legal standard for evaluating useful articles, see Section
924.
907 	Derivative Visual Art Works
907.1 	Copyrightable Authorship in Derivative Works
A derivative visual art work is a work based on or derived from one or more preexisting
works. A derivative work may be registered if the author of that work contributed a
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sufficient amount of new authorship to create an original work of authorship. The new
material must be original and copyrightable in itself.
Examples of visual art works that may be registered as derivative works include:
• 	Sculptures based on drawings.
• 	Drawings based on photographs.
• 	Lithographs based on paintings.
• 	Books of maps based on public domain maps with additional
features.
Examples of works that cannot be registered as derivative works, because they contain
no new authorship or only a de minimis amount of authorship include the following
types of visual art works:
• 	Photocopies and digital scans of works.
• 	Mere reproductions of preexisting works.
For a general discussion of the legal standard for determining whether a derivative
work contains a sufficient amount of original expression to warrant registration, see
Chapter 300, Section 311.
907.2 	Permission to Use Preexisting Material
Authors often incorporate material created by third parties into their visual art works,
such as a third party photograph that is used in a collage or third party clip art that is
used in a logo. Generally, if the third party material is protected by copyright, the
applicant must exclude that material from the claim using the procedure described in
Chapter 600, Section 621.8. However, the applicant does not have to disclaim
uncopyrightable elements, such as letters of the alphabet or geometric shapes.
The U.S. Copyright Office generally does not investigate the copyright status of
preexisting material or investigate whether it has been used lawfully. However, the
registration specialist may communicate with the applicant to determine whether
permission was obtained where a recognizable preexisting work has been incorporated
into a visual art work. The applicant may clarify the lawful use of preexisting material by
including a statement to that effect in the Note to Copyright Office field of the online
application or in a cover letter submitted with the paper application. If it becomes clear
that preexisting material was used unlawfully, the registration specialist will refuse to
register the claim.
Example:
• 	Theresa Tell creates a collage that combines her own artwork with
logos from a number of famous companies. She files an application
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to register her “two-dimensional artwork.” Depending on the facts
presented, the registration specialist may ask the applicant to
exclude the logos from the claim by stating “preexisting logos
incorporated” in the Material Excluded field. In addition, the
specialist may ask Theresa to limit her claim by stating “selection
and arrangement of preexisting logos with new two-dimensional
artwork added” in the New Material Included field.
For more information on derivative works incorporating third party content, see
Chapter 300, Section 313.6(B).
908 	Jewelry
Jewelry designs are typically protected under the U.S. copyright law as sculptural works,
although in rare cases they may be protected as pictorial works. This Section discusses
certain issues that commonly arise in connection with such works.
908.1 	What Is Jewelry?
For purposes of copyright registration, jewelry designs are considered “works of artistic
craftsmanship,” which are protected “insofar as their form but not their mechanical or
utilitarian aspects are concerned.” (definition of “pictorial, graphic, and sculptural
works”).For purposes of copyright registration, jewelry includes any decorative article
that is intended to be worn as a personal adornment, regardless of whether it is hung,
pinned, or clipped onto the body (such as necklaces, bangles, or earrings) or pinned,
clipped, or sewn onto clothing (such as brooches, pins, or beaded motifs).
Jewelry also includes jeweled and beaded designs that are applied to garments and
accessories (such as hatpins, hairpins, hair combs, and tiepins). However, when these
types of works are fixed onto clothing and/or accessories, they may be registered only if
they are physically or conceptually separable from the clothing and/or accessories. For
a discussion of this issue, see Section 924.3(A).
908.2 	Copyrightable Authorship in Jewelry
Jewelry designs may be created in a variety of ways, such as carving, cutting, molding,
casting, or shaping the work, arranging the elements into an original combination, or
decorating the work with pictorial matter, such as a drawing or etching.
The U.S. Copyright Office may register jewelry designs if they are sufficiently creative or
expressive. The Office will not register pieces that, as a whole, do not satisfy this
requirement, such as mere variations on a common or standardized design or familiar
symbol, designs made up of only commonplace design elements arranged in a common
or obvious manner, or any of the mechanical or utilitarian aspects of the jewelry.
Common de minimis designs include solitaire rings, simple diamond stud earrings, plain
bangle bracelets, simple hoop earrings, among other commonly used designs, settings,
and gemstone cuts.
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Examples:
• 	Janine Jackson creates a brooch consisting of three parallel rows of
sapphires. The registration specialist will refuse registration
because the design is common and there is only a de minimis
amount of authorship in the arrangement of stones.
• 	Jeremiah Jones creates a necklace consisting of a standard cross on
a black silk cord with a silver clasp. The registration specialist will
refuse to register this work because it consists of functional
elements (e.g., a silk cord and a silver clasp) and a familiar symbol
(the standard cross).
908.3 	Application Tips for Jewelry
When preparing the identifying material for a jewelry design (which may consist of
photographs or drawings) the applicant should include all of the copyrightable elements
that the applicant intends to register. This is important because the registration
specialist can examine only the designs that are actually depicted in the identifying
material. If the applicant wants the registration to cover more than just the face of a
jewelry design, the identifying material should depict the design from different angles.
Additionally, if the applicant wants the registration to cover part of the design or details
that are relatively small, the applicant should make sure that those portions are clearly
visible in the identifying material.
When evaluating a jewelry design for copyrightable authorship, the registration
specialist will consider the design as a whole, rather than the component elements of
the design. In making this determination, the specialist may consider the following
aspects of a jewelry design:
• 	The shapes of the various elements (e.g., gemstones, beads, metal pieces, etc.).
• 	The use of color to create an artistic design (although color alone is generally
insufficient).
• 	Decoration on the surface of the jewelry (e.g., engraved designs, variations of
texture, etc.).
• 	The selection and arrangement of the various elements.
The following aspects of jewelry generally are not copyrightable and are not considered
in analyzing copyrightability:
• 	Faceting of individual stones (i.e., gem-cutting).
• 	Purely functional elements, such as a clasp or fastener.
• 	Common or symmetrical arrangements.
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As a general rule, if the shape or decoration of a particular element contains enough
authorship to support a registration, the specialist will register the claim. If not, the
specialist will consider other factors, such as the selection, coordination, and/or
arrangement of elements, as well as the degree of symmetry.
When evaluating the copyrightability of a jewelry design, the specialist may consider the
number of elements in the design. More elements may weigh in favor of copyrightability,
although a work containing multiple elements may be uncopyrightable if the elements
are repeated in a standard geometric arrangement or a commonplace design. A work
containing only a few elements may be copyrightable if the decoration, arrangement,
use of color, shapes, or textures are sufficient to support a claim.
909 	Photographic Works
The U.S. copyright law protects photographs as pictorial works. This Section discusses
certain issues that commonly arise in connection with such works.
909.1 	Copyrightable Authorship in Photographs
As with all copyrighted works, a photograph must have a sufficient amount of creative
expression to be eligible for registration. The creativity in a photograph may include the
photographer’s artistic choices in creating the image, such as the selection of the subject
matter, the lighting, any positioning of subjects, the selection of camera lens, the
placement of the camera, the angle of the image, and the timing of the imagepicture.
Example:
• 	The Office receives ten applications, one from each member of a
local photography club. All of the photographs depict the
Washington Monument and all of them were taken on the same
afternoon. Although some of the photographs are remarkably
similar in perspective, the registration specialist will register all of
the claims, because each photographer selected the angle and
positioning of his or her photograph, among other creative choices.
909.2 	Subject Matter of Photographs
To be eligible for copyright protection, the subject of the photograph does not need to be
copyrightable. A photograph may be protected by copyright and registered with the U.S.
Copyright Office, even if the subject of the photograph is an item or scene that is
uncopyrightable or in the public domain.
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Example:
• 	Phoebe Pool takes a photographpicture of a mountain range,
selecting the angle, distance, and lighting for the imagepicture. The
registration specialist will register the work even though the
mountain range itself is not copyrightable.
909.3 	Photographic Reproductions, Digital Copying, and Editing
Although most photographs warrant copyright protection, the U.S. Copyright Office will
not register photographs that do not display a sufficient amount of creative expression.
A photograph that is merely a “slavish copy” of a painting, drawing, or other public
domain or copyrighted work is not eligible for registration. The registration specialist
will refuse a claim if it is clear that the photographer merely used the camera to copy the
source work without adding any creative expression to the photo. Similarly, merely
scanning and digitizing existing works does not contain a sufficient amount of creativity
to warrant copyright protection.
Example:
• 	Pamela Patterson takes a high resolution photographpicture of
Leonardo da Vinci’s Mona Lisa. She intends to create an exact replica
of the painting, and the photograph is virtually identical to the
painting. The registration specialist will refuse to register the
photograph, because it is a slavish copy of a work that is in the
public domain. See, e.g., Bridgeman Art Library, Ltd. v. Corel Corp., 36
F. Supp. 2d 191, 196-97 (S.D.N.Y. 1999).
The Office often receives applications to register preexisting works that have been
restored to their original quality and character. Merely restoring a damaged or aged
photograph to its original state without adding a sufficient amount of original, creative
authorship does not warrant copyright protection.
The registration specialist will analyze on a case-by-case basis all claims in which the
author used digital editing software to produce a derivative photograph or artwork.
Typical technical alterations that do not warrant registration include aligning pages and
columns; repairing faded print and visual content; and sharpening and balancing colors,
tint, tone, and the like, even though the alterations may be highly skilled and may
produce a valuable product. If an applicant asserts a claim in a restoration of or
touchups to a preexisting work, the registration specialist generally will ask the
applicant for details concerning the nature of changes that have been made. The
specialist will refuse all claims where the author merely restored the source work to its
original or previous content or quality without adding substantial new authorship that
was not present in the original.
The specialist may register a claim in a restored or retouched photograph if the author
added a substantial amount of new content, such as recreating missing parts of the
photograph or using airbrushing techniques to change the image. As a general rule,
applicants should use terms such as “photograph” or “2-D artwork” to describe this type
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of authorship, and should avoid using terms such as “digital editing,” “touchup,”
“scanned,” “digitized,” or “restored.”
Examples:
• 	Sarah Smith discovers a box of old family photographs in her great-
grandmother’s attic. She scans them into her computer and uses
software that automatically smoothens the creases in the images.
Sarah files an application to register the altered photographs. The
registration specialist will refuse to register these works, because
the use of automated software to smooth preexisting photographs
was de minimis.
• 	Dave Daniel submits an application claiming “photograph and two-
dimensional artwork.” The registration specialist asks Dave to
clarify the nature of the two-dimensional artwork that he
contributed to this work. Dave explains that he took a photograph
and then digitally touched up several parts of his image. He also
explains that he improved the color, tone, and temper; removed
noise imperfections inherent in the film; and adjusted aspects to
balance the photograph. The specialist will register the claim in the
“photograph,” because this term accurately describes the
photograph and the authorship involved in editing the original
image. The specialist will ask for permission to remove the claim in
“two-dimensional artwork” because the work contains no additional
artwork aside from the photograph itself.
910 	Games
Games often include both copyrightable and uncopyrightable elements. The
copyrightable elements of a game may include text, artwork, sound recordings, and/or
audiovisual material. These elements may be protectable if they contain a sufficient
amount of original authorship. Uncopyrightable elements include the underlying ideas
for a game and the methods for playing and scoring a game. These elements cannot be
registered, regardless of how unique, clever, or fun they may be.
When completing an application for this type of work, applicants should describe the
specific elements of the game that the applicant intends to register, such as the text, the
artwork on a playing board, and/or the original sculptural elements of game pieces.
Applicants should not assert a claim in “game” or “game design,” because it is generally
understood that the game as a whole encompasses the ideas underlying the game. For
the same reason, applicants should not assert a claim in the methods for playing the
game.
Examples:
• 	Gloria Glam files an application to register a new board game. In her
application she asserts a claim in “text and board artwork.” The
game board contains intricate designs and the instructions consist
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of two pages of text. The registration specialist will register the
claim.
• 	Garfield Grant files an application for a new type of soccer playing
field. The deposit material contains text and a set of technical
drawings. The registration specialist will refuse to register the
playing field itself, but will register the drawings and text that
describe the field. The registration will extend only to the actual
descriptive text and drawings and not to the design for the field
itself.
• 	Glenn Garner files an application to register a “new game of chess,
consisting of a new way to play the game, new playing pieces, and a
new board with three levels.” The registration specialist may
register any descriptive text and the design of the playing pieces if
they contain a sufficient amount of creative expression. However,
the specialist will refuse to register the idea for and method of
playing the new game, as well as the idea of playing the game on a
board split into three levels.
For information on how to register purely literary aspects of a game, see Chapter 700,
Section 714. For information concerning the deposit requirements for games, see
Chapter 1500, Sections 1509.1(B) and 1509.3(A)(7).
911 	Characters
The original, visual aspects of a character may be protected by copyright if they are
sufficiently original. This may include the physical attributes of the character, such as
facial features and specific body shape, as well as images of clothing and any other visual
elements.
The U.S. Copyright Office will register visual art works that depict a character, such as
drawings, sculptures, and paintings. A registration for such works extends to the
particular authorship depicted in the deposit material, but does not extend to unfixed
characteristics of the character that are not depicted in the deposit. Nor does it cover the
name or the general idea for the character.
When completing an application to register such works, the applicant should use an
appropriate term to describe the authorship embodied in the deposit material, such as
“2-D artwork” or,” “photograph,” or “text.” Applicants should not refer to or assert
claims in “character,” “character concept, idea, or style,” or a character’s generalized
personality, conduct, temperament, or costume. If the applicant uses these terms, the
registration specialist may ask the applicant to remove them from the claim. Likewise, if
the deposit material contains a well-known or recognizable character, the specialist may
ask the applicant to exclude that preexisting material from the claim if the applicant fails
to complete the Limitation of Claim portion of the application.
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Examples:
• 	Charles Crest creates a sketch of a field mouse with a straw hat and
a mischievous grin. He intends to use the sketch in an animated film.
He files an application that asserts a claim in “two-dimensional
artwork” and “character.” The registration specialist may ask
Charles to limit the claim to the artwork and to remove the term
“character” from the application.
• 	Chris Crow creates a series of drawings featuring a stylized flamingo
in several poses and wearing different hats. He files an application
to register his drawings under the title “Concept Drawings for
Character Designs” and he asserts a claim in “two-dimensional
artwork.” The registration specialist may register the claim and may
send the applicant a warning letter noting that the registration
covers only the specific sketches included in the deposit.
• 	Chloe Crown creates a series of drawings depicting several well-
known comic book characters. She files an application that asserts a
claim in “character redesigns” or “new versions of characters.” The
registration specialist may ask Chloe if she has permission to
prepare these derivative works and to clarify the derivative
authorship that she contributed to the preexisting material.
912 	Cartoons, Comic Strips, and Comic Books
Cartoons, comic strips, and comic books typically contain pictorial expression or a
combination of pictorial and written expression. These types of works may be
registered as visual art works or literary works, depending on the nature of the
expression that the author contributed to the work. If the work contains pictorial
material or a substantial amount of pictorial material combined with text, the applicant
should select Work of the Visual Arts (in the case of an online application) or Form VA
(in the case of a paper application). If the work mostly contains text with a small amount
of pictorial material, the applicant should select Literary Work for an online application
or Form TX for a paper application. If the types of authorship are roughly equal, the
applicant may use any type of application that is appropriate.
A registration for a cartoon, comic strip, or comic book only covers the specific work
that is submitted to the U.S. Copyright Office. The Office does not offer so-called “blanket
registrations” that cover prior or subsequent iterations of the same work. For example, a
registration for a comic strip that depicts a particular character covers the expression
set forth in that particular strip, but it does not cover the character per se or any other
strip or other work that features the same character. (For more information concerning
characters, see Section
In some cases it may be possible to register a number of cartoons, comic strips, or comic
books with one application and one filing fee. If all the works are unpublished it may be
possible to register them as an unpublished collection. If all the works were physically
bundled together by the claimant for distribution to the public as a single, integrated
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unit, and if all the works were first published in that integrated unit it may be possible to
register them using the unit of publication option. However, the works cannot be
aggregated simply for the purpose of registration; instead they must have been first
distributed to the public in the packaged unit. If all of the works were first published as a
contribution to a periodical, such as a newspaper or magazine, it may be possible to
register the contributions as a group. For detailed information concerning unpublished
collections, the unit of publication option, and the group registration option for
contributions to periodicals, see Chapter 1100, Sections 1106, 1107, and 1115.
Comic books are typically created by multiple authors, and the issues surrounding the
authorship and ownership of the various contributions can be complex. In some cases,
the creators may prepare their contributions on a work for hire basis as employees or
pursuant to a freelancer work made for hire agreement. In some cases, the comic book
may be a joint work. In other cases, different authors may create different aspects of the
comic book, with some aspects originating from the publisher and other aspects
originating from one or more individual, nonemployee authors (i.e., derivative works).
For example, the publisher may claim ownership of the characters and the basic story,
and may hire others to create the artwork, text, and/or lettering for particular issues.
Then a freelance or staff contributor may contribute coloring and editing. If all of the
work is done on a work made for hire basis, the authorship is clearly owned by the
publisher, and as such the publisher should be named as the claimant.
If multiple authors contributed to the comic book as individual authors (not as joint
authors or under a work made for hire agreement), and if it is unclear from the face of
the deposit copy(ies) which author created what authorship and on what basis, the
applicant should provide that information in the Author Created field of the online
application or the Nature of Authorship space of the paper application. Such claims may
require multiple separate applications to register the derivative authorship (e.g., an
application for the pencil drawings and a separate application for the coloring of the
preexisting drawings).
In some cases, comic book publishers license the use of another party’s characters and
stories. In other cases, the publisher creates the stories, but the characters have been
licensed. In such cases, the applicant should exclude the licensed characters and/or
stories from the claim by stating “licensed character” or “licensed character and
storyline” in the Material Excluded / Preexisting Materials field/space. The claimant
should not name the licensor of the preexisting characters and/or stories as an author of
the new text and artwork in the comic book.
The registration specialist will communicate with the applicant if the authorship or
ownership information provided in the application is unclear or inconsistent with other
statements in the application, the deposit copy(ies), or industry practice. In addition, the
specialist may question whether a given work is a collective work or joint work, rather
than a work consisting of separately owned contributions or works.
The Office will not register mere reprints, reissues, re-inks/letters/colors, or previously
published, or previously registered comic books, unless the author contributed new
copyrightable authorship in adapting or changing the preexisting content.
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913 	Trademarks, Logos, and Labels
913.1 	Copyrightable Authorship in Trademarks, Logos, and Labels
A visual art work that is used as a trademark, logo, or label may be registered if it
satisfies “the requisite qualifications for copyright.” 37 C.F.R. § 202.10(b). The
authorship in the work may be pictorial, graphic, or in rare cases sculptural, or the work
may contain a combination of these elements. When reviewing an application to register
a trademark, logo, or label the U.S. Copyright Office will examine the work to determine
if it embodies “some creative authorship in its delineation or form.” Id. § 202.10(a).
However, the Office will not consider whether the work has been or can be registered
with the U.S. Patent and Trademark Office. Id. § 202.10(b).
The copyright law covers the creative aspects of a pictorial, graphic, or sculptural work,
regardless of whether the work has been used or is capable of being used as an indicator
of source. Unlike trademark law, copyright law is not concerned with consumer
confusion and a trademark, logo, or label may be eligible for copyright protection
regardless of whether the work is distinctive or whether consumers may be confused by
the use of that work. In other words, a visual art work may be distinctive in the
trademark sense, even if it does not qualify as a work of original authorship in the
copyright sense.
The Office typically refuses to register trademarks, logos, or labels that consist of only
the following content:
• 	Wording.
• 	Mere scripting or lettering, either with or without uncopyrightable ornamentation.
• 	Handwritten words or signatures, regardless of how fanciful they may be.
• 	Mere spatial placement or format of trademark, logo, or label elements.
• 	Uncopyrightable use of color, frames, borders, or differently sized font.
• 	Mere use of different fonts or functional colors, frames, or borders, either standing
alone or in combination.
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Example:
• 	Lori Lewis submits a logo consisting of two letters linked together
and facing each other in a mirror image, and two unlinked letters
facing each other and positioned perpendicular to the linked letters.
The registration specialist will refuse to register this work because
letters alone cannot be registered, and there is insufficient creativity
in the combination and arrangement of these elements. See Coach,
Inc. v. Peters, 386 F. Supp.2d 495, 498 (S.D.N.Y. 2005).
913.2 	Application Tips for Trademarks, Logos, and Labels
When completing an application for a trademark, logo, or label, applicants should
describe the pictorial, graphic, or sculptural authorship that the author contributed to
the work. Applicants should avoid using vague terms, such as “trademark design,”
“trade dress design,” “mark,” “logo,” “logotype,” or “symbol.” Likewise, applicants should
avoid using the following terms which may be questioned by the registration specialist:
“composite work,” “collective work,” “selection and arrangement,” “look and feel,”
“distinctive,” “distinctiveness,” “totality of design,” or “total concept and feel.”
914 	Catalogs
For purposes of copyright registration, catalogs are considered compilations of
information or collective works that contain written descriptions and/or pictorial
depictions of two or three-dimensional products. Catalogs generally contain
copyrightable pictorial and/or literary authorship, and they also may contain
copyrightable authorship in the selection, coordination, and/or arrangement of
copyrightable or uncopyrightable elements.
The photographs within a catalog may be registered together with the catalog as a
whole (i) if the photographs and the catalog were created by the same author, or (ii) if
the copyright claimant owns all of the rights in the photographic authorship and
compilation authorship that the author contributed to the catalog. However, a claim in
the photographs does not extend to the actual works or objects depicted in those
images.
A catalog may be registered as a compilation of photographs or a collective work
consisting of photographs if there is a sufficient amount of creative expression in the
author’s selection, coordination, and/or arrangement of the images. However, a catalog
is not considered a compilation of the works or objects depicted in those photographs,
nor is it considered a collective work consisting of the works or objects depicted therein.
Accord Registration of Claims to Copyright, 77 Fed. Reg. 37,605, 37,606 (June 22, 2012).
As a result, a registration for a catalog generally does not extend to the works or objects
shown in that work, even if they are eligible for copyright protection and even if the
claimant owns all of the rights in those works or objects. Instead, the registration
extends only to the pictorial authorship involved in creating the images, and the
authorship involved in selecting, coordinating, and/or arranging those images within
the catalog as a whole.
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By contrast, if the applicant submits photographs or pictorial illustrations of a two- or
three-dimensional work (as opposed to a catalog depicting a two- or three-dimensional
work), the registration may cover the pictorial or sculptural authorship that the author
contributed to that work if it is clear that the photographs or illustrations are being used
as identifying material for the work depicted therein and that the applicant is not
attempting to register the authorship involved in creating those images.
As a general rule, it is not possible to register a group of pictorial, graphic, or sculptural
works with one application, one filing fee, and a submission of identifying material.
Instead, the applicant generally must submit a separate claim for each work. However,
there are two limited exceptions to this rule.
• 	If the works are unpublished it may be possible to register them as an unpublished
collection. Photographs or illustrations of the two- or three-dimensional works may
be used as identifying material in this situation, provided that the applicant asserts a
claim in the works depicted in those images rather than the authorship involved in
creating the images themselves.
• 	If the works were physically bundled together for distribution to the public as a
single, integrated unit and if all the works were first published in that integrated
unit, it may be possible to register them using the unit of publication option.
When a group of photographs are published in a catalog the works depicted therein are
considered published, regardless of whether they are two- or three-dimensional.
However, the fact that a group of works were published in the same catalog does not
necessarily mean that the catalog constitutes a unit of publication or that the works may
be registered together with the unit of publication option.
A unit of publication is a package of separately fixed elements and works that are
physically bundled together by the claimant for distribution to the public as a single,
integrated unit. The unit must contain an actual copy of the works and the works must
be distributed to the public as an integral part of the unit. A unit that merely contains a
representation of the works, or merely offers those works to the public (without
actually distributing them) does not satisfy this requirement. For example, a boxed set
of fifty different greeting cards sold as a package to retail purchasers would qualify as a
unit of publication. By contrast, a catalog offering fifty different greeting cards for
individual purchase would not be considered a unit of publication, even if all of the cards
may be ordered from the catalog for a single price. Although a catalog may offer multiple
items for sale to the public, the catalog itself does not qualify as a unit of publication,
because the items themselves are not packaged together in the catalog for actual
distribution to the public.
For a general discussion of compilations and collective works, see Chapter 500, Sections
508 and 509. For detailed information concerning unpublished collections and the unit
of publication option, see Chapter 1100, Sections 1106 and 1107.
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915 	Retrospective WorksBooks and Exhibition Catalogs
Retrospective worksbooks are published books, websites, or other works that review or
look back on the career of a visual artist. Exhibition catalogs are catalogs, brochures, or
other works that contain copies of works featured in a particular exhibition or other
works by the same visual artist(s). Both retrospective works and exhibition
catalogsThey typically contain both new and preexisting authorship.
The new authorship is usually prepared expressly for the retrospective work or the
exhibition catalog,book and may include elements such as an introduction, critical
essays, photographs, annotated bibliographies, chronological timelines, and the like.
As for the visual artist’s works, retrospective works and exhibition catalogsbooks
usually contain (i) works that were published before they appeared in the new
workbook, and (ii) other works that have never been sold or otherwise published or
publicly exhibited before they appeared in the new workbook.
When a previously unpublished work is first published in a retrospective workbook or
exhibition catalog, the fact that the work has been published will affect the subsequent
registration options for that work. For this reason, artists may want to consider
registering their pictorial, graphic, or sculptural works prior to authorizing their
depiction in a retrospective workbook or exhibition catalog.
To register a retrospective work or exhibition catalogbook, the applicant should limit
the claim to the new content that was prepared specifically for that workthe book, such
as new artwork, essays, photographs, indexes, chronologies, bibliographies, or the like.
Any artwork that was previously registered, published, or in the public domain should
be excluded from the claim using the procedures described in Chapter 600, Section
621.8.
In all cases, the applicant should anticipate that the registration specialist will raise
questions about the ownership and first publication provenance of artwork depicted in
a retrospective work or exhibition catalog.book. Therefore, when completing the
application, the applicant should provide as much information about those works as
possible.
916 	Art Prints and Reproductions
916.1 	Copyrightable Authorship in Art Prints and Reproductions
A reproduction of a work of art or a two-dimensional art print may be protected as a
derivative work, but only if the print or reproduction contains new authorship that does
not appear in the original source work. This category includes hand painted
reproductions (typically on canvas); plate, screen, and offset lithographic reproductions
of paintings; Giclée prints; block prints; aquaprint; artagraph; among other forms of
expression.
Making an exact copy of a source work is not eligible for copyright protection, because it
is akin to a purely mechanical copy and includes no new authorship, regardless of the
process used to create the copy or the skill, craft, or investment needed to render the
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copies. For the same reason, a print or reproduction cannot be protected based solely on
the complex nature of the source work, the apparent number of technical decisions
needed to produce a near-exact reproduction, or the fact that the source work has been
rendered in a different medium. For example, the U.S. Copyright Office will not register
the following types of prints and reproductions:
• 	Reproductions of purely textual works.
• 	Reproductions in which the only changes are to the size or font style of the text in an
underlying work.
• 	Mere scans or digitizations of texts or works of art.
• 	Reproductions in which the only change from the original work is a change in the
printing or manufacturing type, paper stock, or other reproduction materials.
• 	Preservation and restoration efforts.
• 	Any exact duplication, regardless of the medium used to create the duplication (e.g.,
hand painting, etching, etc.).
The Office will register any new and creative authorship that is fixed in a print or
reproduction. However, the registration specialist will not assume that all such works
embody new, registrable authorship. In addition, the specialist will communicate with
the applicant if the application refers to a new process previously unknown to the Office,
or if it appears that the author made no more than a high quality copy of the source
work.
916.2 	Application Tips for Art Prints and Reproductions
916.2(A) 	Distinguishing Art Prints and Reproductions from the Source Work and
Identifying Material
To register an art print or a reproduction of a work of art, the applicant should fully
describe the new authorship that the author contributed to the source work. As a
general rule, the terms “2-D artwork” or “reproduction of work of art” may be used to
describe the authorship involved in recasting, transforming, or adapting the source
work. When completing an online application the applicant should provide this
information in the Author Created field. When completing a paper application, the
applicant should provide this information in the Nature of Authorship space. In addition,
applicants are strongly encouraged to provide a clear description of the new authorship
that the author contributed to the art print or reproduction using specific terms that
distinguish the new authorship from the source work. This information may be
provided in the Note to Copyright Office field or in a cover letter. Doing so may avoid the
need for correspondence that could delay the examination of the application.
The applicant should not refer to the authorship in the source work that has been recast,
transformed, or adapted by the author of the print or reproduction. Likewise, the
applicant should not refer to the type of identifying material that the applicant intends
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to submit to the Office. For example, if the applicant intends to register a lithographic
reproduction of a preexisting painting, the applicant should clearly describe the new
artwork that the author contributed to that reproduction. The author should not refer to
the preexisting painting that is depicted in the lithograph. If the applicant intends to
submit a photograph of the lithograph as the identifying material for the claim, the
applicant should not refer to the reproduction as a “photograph.” If the applicant states
“photograph” the registration specialist may assume that the applicant intends to
register the authorship involved in taking the photograph of the lithograph, rather than
the authorship involved in creating the reproduction of the preexisting painting.
916.2(B) 	Authorship Unclear
Applicants should not use vague terms to describe the new authorship that the author
contributed to an art print or reproduction. Likewise, applicants should not use terms
that merely describe the tools or methods that the author used to create the work, such
as “computer print,” “computer reproduction,” “block print,” “offset print,” “print,” or
“photoengraving,” because this suggests that the applicant may be asserting a claim in
an idea, procedure, process, system, method of operation, concept, principle, or
discovery.
If the author merely painted over areas of the source work, the registration specialist
may communicate with the applicant if it appears that the applicant is attempting to
register the authorship (if any) involved in restoring the source work to its original
condition.
917 	Installation Art
The U.S. Copyright Office generally discourages applicants from using the term
“installation art” in applications to register visual art works. Applicants use this term for
a wide variety of artistic endeavors and it has many broad, ambiguous meanings.
Because this term is unclear, the registration specialist will communicate with
applicants if they describe a pictorial, graphic, or sculptural work as “installation art.”
Instead, applicants should identify any copyrightable content in the work and should
describe that content using terms such as “sculpture,” “painting,” “photographs,” or the
like. This is true even if the overall installation itself is a registrable work of authorship.
In such cases the applicant should use accepted terms to describe the work, such as “a
series of sequentially and thematically related photographs interspersed with drawn
and painted images to create a larger work of authorship.”
918 	Maps
Maps may be protected under the copyright law as pictorial works or sculptural works,
depending on whether the work contains two- or three-dimensional authorship. Indeed,
maps were among the first works that were eligible for copyright protection under the
1790 Act. This Section discusses certain issues that commonly arise in connection with
such works.
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918.1 	Copyrightable Authorship in Maps
Maps are cartographic or visual representations of an area. Examples include terrestrial
maps and atlases, marine charts, celestial maps, as well as three-dimensional works,
such as globes and relief models. A map may represent a real or imagined place, such as
a map in a book or videogame that depicts a fictional country.
The U.S. Copyright Office will register maps, globes, and other cartographic works if they
display a sufficient amount of original pictorial or sculptural authorship.
The Office may register an original selection, coordination, and/or arrangement of
cartographic features, such as roads, lakes, or rivers, cities, or political or geographic
boundaries. But to be copyrightable, the work as a whole must be creative and it must
not be intrinsically utilitarian. In making this determination, the Office will not consider
the amount of effort required to create the work, such as surveying or cartographic field
work.
918.2 	Derivative Maps
Maps are often based on one or more preexisting works. A derivative map may be
eligible for registration if the author added a sufficient amount of new authorship to the
preexisting material, such as depictions of new roads, historical landmarks, or zoning
boundaries.
If the map contains an appreciable amount of material that has been previously
published, previously registered, material that is in the public domain, or material that is
owned by a third party, the applicant should exclude that material from the claim and
should limit the claim to the new copyrightable authorship that the author contributed
to the derivative map. For guidance in completing this portion of the application, see
Chapter 600, Section 621.8.
The Office will refuse to register a derivative map if the work does not contain a
sufficient amount of new authorship. For instance, “[a]dditions to … preexisting maps
such as color, shading, and labels using standard fonts and shapes fall within the narrow
category of works that lack even a minimum level of creativity” required for
registration. Darden v. Peters, 488 F.3d 277, 287 (4th Cir. 2007). Reprints of public
domain maps or previously published materials are not registrable. Similarly, maps that
consist solely of public domain elements, common elements, or elements that contain no
original compilation authorship are not registrable, such as an outline map of the United
States containing nothing more than the names of the state capitals.
919 	Models, Including Three-Dimensional Reproductions and Scientific Models
For purposes of copyright registration, a model is a three-dimensional replica or
depiction of an object or design, such as a model car or a model of an architectural
design. Models are typically protected under U.S. copyright law as sculptural works,
although they also may include pictorial or graphic elements. This Section discusses
certain issues that commonly arise in connection with such works.
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919.1 	Copyrightable Authorship in Models
Models may be renditions of either artistic or utilitarian objects. Some models are exact
or substantially similar copies of the item they depict, while others are merely
interpretative copies.
A model of a useful article or a model of an architectural work generally is protectable if
it includes a sufficientsubstantial amount of original authorship and if it contains some
original differences from the object depicted. The copyright law protects models if there
are distinguishable, creative differences in shape, line, perspective, or details between
the model and the depicted object. The amount of effort, time, monetary expense,
technical skill, or craft that the author contributed to the model is irrelevant to this
determination. The complexity of the depicted object is also irrelevant. A model of a
relatively simple object may be copyrightable if the author exercised sufficient creativity
in rendering that object as a model. However, the Office will not register a model simply
because it depicts an object that is extremely complex.
The copyright law does not protect models that are exact copies of the source work,
regardless of how much skill or labor was involved in creating the replica. Merely
reducing or enlarging the size of the source work or producing the source work in a new
medium is not sufficient to warrant copyright protection. Likewise, the copyright law
does not protect models if the differences between the model and the source work were
dictated by manufacturing or material requirements.
919.2 	Application Tips for Models
To register a three-dimensional model or a model containing a combination of two- and
three-dimensional authorship, the applicant should describe the work as a “sculpture”
in the Author Created field (when completing an online application) or in the Nature of
Authorship space (when completing a paper application using Form VA).
Applicants may use the term “reproduction of work of art” to describe a model that is a
three-dimensional interpretation of a preexisting work of art, such as a three-
dimensional model of the Mona Lisa. If the model is an original, sculptural interpretation
of an uncopyrightable object that is not a work of art, such as a truck, a train, or the
letter “G,” applicants should use the term “sculpture” rather than the term “reproduction
of work of art.”
In addition, applicants are strongly encouraged to provide a clear description of the
creative authorship that the author contributed to the model using specific terms that
distinguish the model from the object depicted. This information may be provided in the
Note to Copyright Office field or in a cover letter. Doing so may avoid the need for
correspondence that could delay the examination of the application.
If the work described in the application is a model of a work that is protected by
copyright, the applicant should describe the new material that the author contributed to
the model and should exclude the preexisting material from the claim in the appropriate
fields or spaces of the application. For guidance in completing this portion of the
application, see Chapter 600, Section 621.8. Such statements are encouraged, but not
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required, if the work described in the application is a model of an uncopyrightable
object.
920 	Patterns, Stencils, and How-To Books
Pattern books contain specific instructions on how to make various items, such as
knitwear and toys, while how-to books typically contain instructions on how to perform
various techniques. Stencils provide outlines and shapes that may be used for other
purposes, such as a stencil of leaves that may be used for painting a border on a wall.
This Section discusses certain issues that commonly arise in connection with such
works.
920.1 	Patterns for Making Articles
The drawings and text in a pattern book may be copyrightable, if they are sufficiently
original. This may include textual instructions, technical diagrams that demonstrate
cutting, stitching, weaving, or other techniques required by the pattern, as well as
illustrations of the completed items.
A registration for a pattern book generally does not extend to individual pattern pieces
that may be used to create a useful article, such as shapes that may be traced and used
to make a sleeve for a dress, because they have an intrinsic utilitarian function. See . Nor
does the registration extend to any useful article that may be created with the pattern,
such as an item of clothing. For a general discussion of useful articles, see Section 924.
920.2 	Stencils and Templates
Stencils and templates are patterns for tracing, trimming, or cutting designs or other
items depicted by the stencil or template. The Office may register stencils or templates
that contain a sufficient amount of original pictorial or graphic artwork or original
compilations of such artwork, such as a stencil book that contains original, artistic
images of animals, trees, and automobiles. However, the Office will refuse to register
stencils consisting of common figures, symbols, or other uncopyrightable material,
including any standard arrangements thereof.
920.3 	How-To Books, Project Books, and Crafts-Making Books
A how-to book explains how to perform certain skills and techniques. These types of
works generally do not contain pattern pieces or parts, because they are intended to
teach a craft or technique rather than provide instructions on making a specific item.
How-to books typically contain text, photographs, and technical diagrams, which may be
protected by copyright law if they are sufficiently creative. However, the “project” or
“craft” as a whole — even if it is original — is merely an idea that is not copyrightable.
17 U.S.C. § 102(b). The Office will reject nonspecific claims in project ideas or project
design.
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920.4 	Application Tips for Patterns, Stencils, and How-To Books
To register a pattern, stencil, or how-to book, the applicant should describe the
copyrightable content in the deposit using terms such as “text, “2-D artwork,”
“photograph,” or “technical drawing,” as applicable. Applicants should not assert a claim
in “pattern,” “project,” “activity,” or “craft.”
If the deposit copy(ies) identify the author or designer of the projects, crafts, or designs
and if that author is not named in the application, the applicant should explain how the
claimant acquired ownership of the copyright by checking the work made for hire box
“yes” (if the work qualifies as a work made for hire) or by including an appropriate
transfer statement. For guidance in completing these portions of the application, see
Chapter 600, Sections 614 and 620.
In no case will a registration for two-dimensional artwork, three-dimensional sculpture,
or technical drawing cover an uncopyrightable item that results from the deposit
copy(ies) or the pattern pieces that may be used to make that item.
921 	Graphs, Charts, and Tables, and Figures
The copyright law does not protect blank graphs, charts, and tables, and figures that are
designed for recording information and do not in themselves convey information. These
types of works are not copyrightable, because they are a functional means for
expressing ideas, methods, or techniques, and typically they contain only a de minimis
amount of authorship. Indeed, they rarely contain more than a de minimis amount ofany
authorship other than that necessary to implement the underlying method, technique,
or idea. For the same reasons, the ideas for graphs, charts, and tables, and figures or the
overall design of a graphing, charting, or tabling method or template are not
copyrightable. See 37 C.F.R. § 202.1(c).
The U.S. Copyright Office will not register a blank graph, chart, or table, or figure if the
claim is based solely on standard color variations, such as the mere addition of only a
few standard colors. See id. § 202.1(a). However, the Office will register any
copyrightable expression presented in a graph, chart, or table, or figure, such as a
copyrightable compilation of data, facts, or information. Additionally, the Office will
register sufficiently expressive text that describes, explains, and/or interprets a
particular graphing, charting, or tabling method.
Examples:
• 	Gary Grant creates a pie chart that presents demographic
information on five generations of a selected family. Gary files an
application asserting a claim in “two-dimensional artwork, text, and
chart.” The pie chart, in and of itself, is not copyrightable and cannot
be registered. The registration specialist will communicate with the
applicant and ask him to limit the claim to any registrable textual or
compilation authorship.
• 	Gayle Giles creates a columnar table that records information about
her son’s physical and intellectual growth in ten selected categories.
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Gayle includes text and photographs throughout the table. Gayle
files an application asserting a claim in “design, text, photographs,
and two-dimensional artwork.” The registration specialist will ask
the applicant to limit the claim to the text, photographs, and the
compilation of data to the extent that the selection and arrangement
are original.
See generally Registration of Claims to Copyright: Notice of Termination of Inquiry
Regarding Blank Forms, 45 Fed. Reg. 63,297 (Sept. 24, 1980).
922 	Technical and Scientific Drawings
Technical and scientific drawings include mechanical drawings, engineering diagrams,
astronomical charts, and similar works. The U.S. Copyright Office will register these
types of works if they contain a sufficient amount of original pictorial or graphic
material.
When the Office registers a technical or scientific drawing, the registration covers only
the drawing itself and does not “extend to any idea, procedure, process, system, method
of operation, concept, principle, or discovery, regardless of the form in which it is
described, explained, illustrated, or embodied in such work.” 17 U.S.C. § 102(b).
Likewise, a registration for a technical drawing does not provide copyright protection
for the design and manufacture of the item depicted in the drawing. 17 U.S.C. § 113(b).
Examples:
• 	Terence Town creates five drawings that show the same screw from
different perspectives (e.g., top-down, bottom-up, left elevation,
right elevation, and a close-up of the screw’s grooves). Terence files
an application that asserts a claim in “technical drawing.” The
drawings do not provide information concerning the
measurements, specifications, or other information concerning the
size, design, or material composition of the screw depicted therein.
The registration specialist may register the claim. The registration
covers the drawings, but not the screw itself.
• 	Teresa Todorov submits several drawings that contain
specifications and information concerning the fastener depicted
therein. The applicant asserts a claim in a “technical drawing and
text” as well as “technical drawing and compilation.” The
registration specialist may ask the applicant to limit the claim to
“technical drawing,” because this term adequately describes the
authorship in the drawings together with the compilation of
information and data concerning the depicted object. The specialist
would accept a claim in “text” only if the drawing contained
adequate descriptive or informational textual matter other than
mere numbers, measurements, descriptive words and phrases, or
the like.
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923 	Architectural Works
The Copyright Act protects “architectural works.” 17 U.S.C. § 102(a)(8). As discussed in
Section 903.2, the statute defines an architectural work as “the design of a building as
embodied in any tangible medium of expression, including a building, architectural
plans, or drawings.” 17 U.S.C. § 101. An architectural work “includes the overall form as
well as the arrangement and composition of spaces and elements in the design, but does
not include individual standard features.” Id.
The U.S. Copyright Office will register an architectural work if it is sufficiently original
and if it has been embodied in a tangible medium of expression, such as a constructed
building or architectural plans or drawings. 37 C.F.R. § 202.11(c).
923.1 	Architectural Works Distinguished from Technical Drawings
An architectural work (i.e., the building itself) and a technical drawing for an
architectural work are separate works. If the applicant intends to assert a claim in a
technical drawing and the architectural work depicted therein, the applicant should file
an application to register the architectural work and a separate application to register
the technical drawing as a pictorial work or an architectural drawing, even though the
deposit copy(ies) for both applications may be the same. 37 C.F.R. § 202.11(c)(4)
(“Where dual copyright claims exist in technical drawings and the architectural work
depicted in the drawings, any claims with respect to the technical drawings and the
architectural work must be registered separately.”).
A registration for a technical drawing covers the drawing itself, but it does not cover the
architectural work depicted therein. Although a technical drawing may be protected by
copyright, the copyright owner cannot prevent a third party from using that drawing to
construct an actual building. This is due to the fact that the copyright in a work that
portrays a useful article does not give the owner of that work the right to control “the
making, distribution, or display of the useful article.” 17 U.S.C. § 113(b). By contrast,
when an architectural drawing is registered as an architectural work, the registration
covers the architectural work depicted in those drawings, and the registration may be
used in an infringement action involving the unauthorized reproduction of that work in
any material object (including the construction of an actual building).
Example:
• 	Tina Thorn submits a set of drawings and asserts a claim in
“drawings for a building.” The registration specialist will
communicate with the applicant, because it is unclear whether Tina
intends to register the drawings or the architectural work depicted
therein.
923.2 	Copyrightable Authorship in Architectural Works
The U.S. Copyright Office may register an architectural work if it is a habitable structure
that is stationary, intended to have permanence, and intended for human occupancy. 37
C.F.R. § 202.11(b)(2). Examples of works that satisfy this requirement include houses,
office buildings, churches, museums, gazebos, and pavilions. By contrast, the Office will
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refuse to register bridges, cloverleaves, dams, walkways, tents, recreational vehicles, or
boats (although a house boat that is permanently affixed to a dock may be registrable as
an architectural work). Id. § 202.11(d)(1).
The Copyright Act protects “the overall form [of an architectural work] as well as the
arrangement and composition of spaces and elements in the design,” but it does not
protect interior design, such as the selection and placement of furniture, lighting, paint,
or similar items. 17 U.S.C. § 101 (definition of “architectural work”). However, a
pictorial, graphic, or sculptural representation of an interior design may be registered if
it is sufficiently original.
Examples:
• 	Archer Anthony designs a unique birdhouse and attempts to
register his creation as an architectural work. The registration
specialist will refuse to register the claim, because a birdhouse is
not designed for human occupancy.
Archibald Arnold designs a moveable, fast-food kiosk for use in shopping malls and
attempts to register the kiosk as an architectural work. The registration specialist will
refuse to register the claim, because the kiosk is not permanent and stationary.
Arlinda Atkins designs a condominium complex with a large, complex parking structure
and intricate landscape design. She attempts to register each aspect of this design as an
architectural work. The registration specialist will register the condominium design if it
is sufficiently original, but will ask the applicant to remove the reference to the parking
structure and landscape design.
923.2(A) 	Standard Configurations
The U.S. Copyright Office will not register standard configurations of spaces, such as a
square bathroom or one-room cabin. Likewise, the Office will not register claims in the
individual standard features of an architectural work, such as windows, doors, and other
staple building components. 37 C.F.R. § 202.11(d).
Example:
• 	Stacey Stone designs a motel comprised of a central hall with
uniformly shaped rectangular rooms. The registration specialist will
refuse to register this claim because it is a standard configuration of
space.
923.2(B) 	Functional Features
The U.S. Copyright Office will not register purely functional elements of an architectural
work, such as innovations in architectural engineering or construction techniques.
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Example:
• 	Fulton Fowler designed a house with a solar-powered hot water
heater and an earthquake-resistant bracing system. He filed an
application to register each element of his design. The registration
specialist may register the overall design as an architectural work if
it is sufficiently original, but the specialist will ask the applicant to
remove the references to the heater and bracing system.
923.2(C) 	Building Designs Created Before December 1, 1990
The Copyright Act does not protect building designs published or constructed before
December 1, 1990. 37 C.F.R. § 202.11(d)(3)(i). Likewise, the statute does not protect
designs for unconstructed buildings that were embodied in unpublished plans or
drawings on December 1, 1990 if the design remained unconstructed as of December
31, 2002. 37 C.F.R. § 202.11(d)(3)(ii).
The Office will refuse to register these types of designs as an architectural work. The
plans, drawings, or models for such works may be registered as a pictorial, graphic, or
sculptural work, but the registration for such works does not extend to a building
constructed from the plan, drawing, or model.
923.3 	Application Tips for Architectural Works
To register an architectural work using the online application, the applicant should
select “Work of the Visual Arts” in the field marked “Type of Work.” To register an
architectural work with a paper application, the applicant should use Form VA.
The title of the building should be provided in the Title field/space and the date of
construction for the building, if any, should be provided in the Year of Completion
fields/spaces. If the building has not been constructed, the applicant should state “not
yet constructed” in the Title field/space following the title of the work. 37 C.F.R. §
202.11(c)(3).
If the architectural work has been published, the applicant should provide the date and
nation of first publication in the Publication field/space. An architectural work is
deemed published “when underlying plans or drawings of the building or other copies
of the building design are distributed or made available to the general public by sale or
other transfer of ownership, or by rental, lease, or lending. Construction of a building
does not itself constitute publication for purposes of registration, unless multiple copies
are constructed.” 37 C.F.R. § 202.11(c)(5).
The applicant should check the box marked “architectural work” in the Author Created
field when completing an online application or in the Nature of Authorship space when
completing a paper application.
An application may cover only one architectural work, regardless of whether the work is
published or unpublished. The U.S. Copyright Office will not register multiple
architectural works as a group of related works or as an unpublished collection. If the
applicant intends to register variations on a single plan, such as a plan for tract housing,
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the applicant must submit a separate application for each house model with all
accompanying floor plan options, elevations, and styles that are applicable to that
particular model. 37 C.F.R. § 202.11(c)(2).
For information concerning the deposit requirements for architectural works, see
Chapter 1500, Section 1509.3(D).
924 	Registration Requirements for Useful Articles
As discussed in Section 906.8, “useful articles” are not protected by copyright law.
However, the Designpurely ornamental or decorative pictorial, graphic, or sculptural
features of a useful article may be registered if they can be identified separately from,
and are capable of existing as works of authorship independently of, the utilitarian
aspects of that article. 17 U.S.C. § 101 (definition of “pictorial, graphic, and sculptural
works”). This Section explains what types of works are considered useful articles and
how to determine if they contain sufficiently separable elements to warrant registration.
924.1 	What Is a Useful Article?
The Copyright Act “establishesdefines a special rule for copyrighting a pictorial, graphic,
or sculptural work incorporated into a ‘useful article,’ which is defined as ‘“an article
having an intrinsic utilitarian function that is not merely to portray the appearance of
the article or to convey information.” 17 U.S.C. § 101. Star Athletica, 137 S. Ct. at 1008
(quoting the definition of “useful article”). “The statute does not protect useful articles
as such. Rather ‘“the design of a useful article’ is ‘article . . . 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.”
Id. (quoting 17 U.S.C. § 101 (definition of “pictorial, graphic, and sculptural works”)).”).
The Supreme Court has held “that a feature incorporated into the design of a useful
article is eligible for copyright protection only if the feature (1) can be perceived as a
two- or three-dimensional work of art separate from the useful article and (2) would
qualify as a protectable pictorial, graphic, or sculptural work – either on its own or fixed
in some other tangible medium of expression – if it were imaged separately from the
useful article into which it is incorporated.” Id. at 1007.
The U.S. Copyright Office is developing updated guidance on the registration of pictorial,
graphic, and sculptural features incorporated into the design of useful articles. The
Compendium will be updated once this guidance is finalized.
. An item or object is considered a useful article if it performs any inherent or intrinsic
utilitarian function other than to inform, entertain, or portray its appearance to human
beings. Examples of useful articles include automobiles, household appliances, furniture,
lighting fixtures, work tools, dinnerware, food, clothing, shoes, personal computers, and
carrying cases for laptops.
The statute also states that “[a]n article that is normally part of a useful article is
considered a ‘useful article.’” Id. For example, the bezel on a wristwatch or the handle on
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a casket would be considered useful articles, because they are inherently useful and
because they are typically used as part of a larger useful article.
The mechanical or utilitarian aspects of a three-dimensional work of applied art are not
copyrightable. For example, the serrated edge of a knife cannot be registered, even if the
pattern of the serration is original.
A work of authorship that does not have an intrinsic utilitarian purpose is not
considered a useful article, even if that work could potentially be used in a functional
manner. For example, a sculpture does not become a useful article simply because it
could be used as a doorstop or paperweight.
924.2 	Separability Tests for Useful Articles
Sections 101 and 102(a) of the Copyright Act provide the guiding principles for
determining whether the decorative or ornamental features of a useful article may be
registered with the U.S. Copyright Office. Section 102(a)(5) of the Act states that the
copyright law protects “pictorial, graphic, and sculptural works,” which are defined by
to include “two-dimensional and three-dimensional works of fine, graphic, and applied
art” as well as “works of artistic craftsmanship insofar as their form but not their
mechanical or utilitarian aspects are concerned.” The statute also states that
When examining a useful article, the Office must determine whether the article contains
any pictorial, graphic, or sculptural features that are separable from its utilitarian
function. If the article does not contain any features that can be separated from its
utilitarian function, the Office will refuse to register the claim, because Congress has
made it clear that the Copyright Act does not cover any aspect of a useful article that
cannot be separated from its functional elements. H.R. R EP . N O . 94-1476, at 55 (1976),
reprinted in 1976 U.S.C.C.A.N. 5659, 5668-69. If the Office determines that the work
contains one or more features that can be separated from its functional elements, the
Office will examine those features to determine if they contain a sufficient amount of
original authorship to warrant registration.
The Office will register claims to copyright in useful articles only on the basis of
separately identifiable pictorial, graphic, or sculptural features. These features should be
capable of independent existence apart from the overall shape of the useful article. The
Office uses two tests to determine if the useful elements of an article are separable from
the copyrightable elements: the physical and conceptual separability tests. These tests
are discussed in Sections 924.2(A) and 924.2(B).
924.2(A) 	Physical Separability
The useful elements of an article will be considered separable from the copyrightable
elements if the copyrightable elements could be physically removed without altering the
useful aspects of the article. This is known as the physical separability test. Physical
separability means that the useful article contains pictorial, graphic, or sculptural
features that can be physically separated from the article by ordinary means while
leaving the utilitarian aspects of the article completely intact.
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Example:
• 	A sufficiently creative decorative hood ornament on an automobile.
924.2(B) 	Conceptual Separability
The U.S. Copyright Office applies the conceptual separability test only if it determines
that the useful article contains pictorial, graphic, or sculptural features that cannot be
physically separated from that article.
Conceptual separability means that a feature of the useful article is clearly recognizable
as a pictorial, graphic, or sculptural work, notwithstanding the fact that it cannot be
physically separated from the article by ordinary means. This artistic feature must be
capable of being visualized — either on paper or as a free-standing sculpture — as a
work of authorship that is independent from the overall shape of the useful article. In
other words, the feature must be imagined separately and independently from the
useful article without destroying the basic shape of that article. A pictorial, graphic, or
sculptural feature satisfies this requirement only if the artistic feature and the useful
article could both exist side by side and be perceived as fully realized, separate works —
one an artistic work and the other a useful article. For example, the carving on the back
of a chair or an engraving on a vase would be considered conceptually separable,
because one could imagine the carving or the engraving as a drawing on a piece of paper
that is entirely distinct from the overall shape of the chair and the vase. Even if the
carving or the engraving was removed the shape of the chair and the vase would remain
unchanged, and both the chair and the vase would still be capable of serving a useful
purpose. H.R. R EP. N O. 94-1476, at 55 (1976), reprinted in 1976 U.S.C.C.A.N. at 5668-69.
Examples:
• 	Artwork printed on a t-shirt, beach towel, or carpet.
• 	A colorful pattern decorating the surface of a shopping bag.
• 	A drawing on the surface of wallpaper.
• 	A floral relief decorating the handle of a spoon.
Merely analogizing the general shape of a useful article to a work of modern sculpture or
an abstract sculpture does not satisfy the conceptual separability test, because it does
not provide an objective basis for visualizing the artistic features and the useful article
as separate and independent works. See Esquire, Inc. v. Ringer, 591 F.2d 796, 804 (1978)
(D.C. Cir. 1978) (agreeing with the Office’s determination that “the overall design or
configuration of a utilitarian object, even if it is determined by aesthetic as well as
functional considerations , is not eligible for copyright”); see also Inhale, Inc. v. Starbuzz
Tobacco, Inc., 739 F.3d 446, 449 (9th Cir. 2014) (finding that the Office’s interpretation
of conceptual separability is entitled to deference, stating that “[c]ourts have twisted
themselves into knots trying to create a test to effectively ascertain whether the artistic
aspects of a useful article can be identified separately from and exist independently of
the article’s utilitarian function”).
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The fact that a useful article could have been designed differently or the fact that an
artistic feature is not necessary to or dictated by the utilitarian aspects of that article is
irrelevant to this analysis. If the feature is an integral part of the overall shape or
contour of the useful article, that feature cannot be considered conceptually separable
because removing it would destroy the basic shape of the useful article. See generally
H.R. R EP . N O . 94-1476, at 55 (1976), reprinted in 1976 U.S.C.C.A.N. at 5668-69.
924.2(C) 	Factors Not Relevant in Evaluating Separability
In assessing whether certain elements are physically or conceptually separable from the
utilitarian functions of a useful article, registration specialists do not consider the
following: (i) the aesthetic value of the design; (ii) the fact that the article could have
been designed differently; or (iii) the amount of effort or expense that went into the
making of the design. H.R. R EP . N O . 94-1476, at 55 (1976), reprinted in 1976 U.S.C.C.A.N.
at 5668-69.
924.3 	Specific Types of Useful Articles
924.3(A) 	Clothing Designs
Clothing such as shirts, dresses, pants, coats, shoes, and outerwear are not eligible for
copyright protection because they are considered useful articles. This is because
clothing provides utilitarian functions, such as warmth, protection, and modesty. As a
result, the U.S. Copyright Office will not register a claim in clothing or clothing designs.
See Registrability of Costume Designs, 56 Fed. Reg. 56,530, 56,531 (Nov. 5, 1991).
924.3(A)(1) 	Fabric and Textile Designs Embodied in Clothing or Other Useful Articles
Although the copyright law does not protect the shape or design of clothing, and
although fabric and textiles have useful functions (e.g., providing varying degrees of
warmth and protection), designs imprinted in or on fabric are considered conceptually
separable from the utilitarian aspects of garments, linens, furniture, or other useful
articles. Therefore, a fabric or textile design may be registered if the design contains a
sufficient amount of creative expression.
Example:
• 	Frederique Fallon creates a fabric design with swirls of color and
images of people. She uses this fabric to produce a classic A-line
dress. Frederique applies to register the fabric design and the dress.
The registration specialist will register the fabric design because it
is sufficiently creative, but will refuse to register the dress itself
because it is a useful article.
924.3(A)(2) 	Costumes
Costumes are considered useful articles, because they provide the useful function of
clothing the human body. See generally Registrability of Costume Designs, 56 Fed. Reg.
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56,530 (Nov. 5, 1991) (discussing the Office’s policy and several federal court decisions
on the registrability of costume designs).
As with all useful articles, the registration specialist will examine costumes to determine
if they contain two- or three-dimensional design elements that are separable from the
costume itself, and to determine if those separable elements contain a sufficient amount
of creative expression.
The fact that a costume may be intended primarily for ornamentation and show, and
secondarily for covering the body, does not change the fact that the costume is a useful
article. Whole- or partial-body costumes are considered useful articles and are subject
to the separability test, even if they depict a person or thing, or illustrate cultural,
historical, or occupational garb or dress.
Examples:
• 	Corinne Clark creates an outfit that includes boots, pants, a belt, a
shirt, a vest, an eye patch, and a plastic sword. She files an
application to register the outfit as a “pirate costume.” The
registration specialist will refuse registration because the clothing
elements are not separable from the functional aspects of the outfit
and because the sword is commonplace and unoriginal.
• 	Cornelius Change files an application to register a “witch costume”
that consists of a white dress, pointed hat, high heeled shoes,
broom, angel wings, and a skull-and-crossbones necklace. Because
the wings and necklace are physically separable from the useful
aspects of the costume, the registration specialist will examine these
elements for copyrightable authorship and will ask the applicant to
delete the other items from the claim.
924.3(A)(3) 	Decorative Masks
Decorative masks are masks that may be worn as part of a costume or displayed as a
decorative adornment. An ornamental or decorative head or face mask may be
registered if it contains a sufficient amount of copyrightable pictorial, graphic, or
sculptural authorship. However, the registration for a mask does not extend to any
functional or mechanical aspects of the work, such as clasps, straps, snaps, locks, or air
vents.
Unlike body costumes, federal courts and the U.S. Copyright Office generally do not
consider head and face masks to be useful articles. Therefore, when a registration
specialist examines a mask for copyrightable authorship, the specialist will not apply the
separability test. See generally Registrability of Costume Designs, 56 Fed. Reg. 56,530
(Nov. 5, 1991). If the mask is combined with a costume or other useful article, the
specialist will ask the applicant to exclude those functional elements from the claim.
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Example:
• 	Dinah Dunn submits a claim to register a nose mask in the shape of
a pig snout. The mask would not be considered a useful article
because it does not perform a utilitarian function, and it may be
eligible for registration if it is sufficiently creative. See Masquerade
Novelty, Inc. v. Unique Industries, Inc., 912 F.2d 663, 671 (3d Cir.
1993).
924.3(B) 	Blank Forms
The U.S. Copyright Office will not register blank forms that are designed for recording
information and do not in themselves convey information, regardless of how they are
described in an application. 37 C.F.R. § 202.1(c). Examples of blank forms include time
cards, graph paper, account books, diaries, bank checks, scorecards, address books,
report forms, and order forms. Id.
Blank forms are not copyrightable, because they are utilitarian and they are not
separable from the ideas, procedures, processes, systems, methods, concepts, principles,
or discoveries that they are intended to record or implement. 17 U.S.C. § 102(b).
Likewise, the Office will refuse to register claims that are based solely on the
arrangement, spacing, or juxtaposition of text matter, because this type of material falls
within the realm of uncopyrightable ideas or concepts. Registration of Claims to
Copyright; Notice of Termination of Inquiry Regarding Blank Forms, 45 Fed. Reg. 63,297
(Sept. 24, 1980). However, a registration specialist may register literary or visual arts
content that has been added or applied to a blank form if it is copyrightable, such as
artwork that decorates the form or literary elements that describe or explain how to
complete the form. See id. at 63,298.
Examples:
• 	Brenda Bland creates a color-coded daily journal. The journal
includes six columns with typical headings and multiple colors to
aid the user in organizing content. The registration specialist will
refuse to register this journal because it is a blank form that does
not contain a sufficient amount of literary or pictorial authorship to
support a registration.
• 	Bernice Brown creates a daily diary that includes six columns with
typical headings and graphic artwork along the border of each page.
The registration specialist will refuse to register the columns and
headings because it is merely a blank form, but may register the
decorative border if it is sufficiently creative.
• 	Blythe Burn files an application to register a “graphic aid for
diagnosing Alzheimer’s disease.” The deposit copy consists of a
blank form for recording patient data. The form contains eight
boxes with various questions that are intended to identify
symptoms of this disease. The registration specialist will refuse the
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claim in “graphic aid” and may refer the claim to the Literary
Division to determine whether the textual authorship supports a
claim in a literary work.
924.3(C) 	Measuring and Computing Devices
Devices that are purely intended to compute, measure, and record data are useful
articles. This includes any printed material on a device that provides the user with
useful information, such as lines, numbers, symbols, colors, categories, and markings.
Common examples of such devices include slide rulers, wheel dials, depth gauges, dive
computers, echo-sounders, and perpetual calendar designs. These types of devices do
not contain expressive authorship and are merely designed to calculate and produce
facts, data, or other useful information. As such, they are not copyrightable. See 37 C.F.R.
§ 202.1(d).
Textual or artistic material that explains or illustrates a device and its use may be
protectable if it is sufficiently creative, as long as it does not perform the actual useful
function of the device. For example, an instruction manual with significant text and
pictures that shows how to use a device may be registrable. However, the registration
for that work would extend only to the descriptive or illustrative authorship and would
not extend to the concept, physical design, and use of the device itself.
When asserting a claim in an instructional manual or other text or images that explain
or illustrate a device, applicants should use terms that specifically describe the
expressive, nonfunctional authorship that the author contributed to the work, such as
“text of description of device,” “text of instructions,” “technical diagrams,” or
“photographs of device.”
Applicants should avoid using the terms “device,” “equipment,” “sculpture,” “artwork,”
“design,” “housing,” or “container” to refer to content that appears on the face or surface
of the device. Applicants should avoid using the terms “format,” “layout,” and
“compilation” to refer to the overall design features or to the overall combination of
content on the face or surface of the device. Applicants also should avoid using vague
terms, such as “two-dimensional artwork” or “entire work.”
924.3(D) 	X-Rays, Medical Imaging, and Non-Medical Echo Sonography
Generally, the U.S. Copyright Office will not register medical x-rays or imaging,
regardless of whether they are claimed on an application as photographs, images,
artwork, or graphics. These types of images are considered useful articles, because they
have an intrinsic utilitarian function, and the skill or craft used to create the images (if
any) is dictated by that functional purpose. The following is a nonexhaustive list of such
works:
• 	Medical x-rays.
• 	Magnetic resonance imaging.
• 	Echocardiography.
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• 	Echo mammography.
• 	Varieties of ultrasound.
• 	Iodinated ultra venous imaging.
• 	Angiography.
• 	Electrocardiography.
• 	Three-dimensional computed tomography.
• 	Positron emission tomography.
• 	Electroencephalography imaging.
• 	Computed axial tomography.
For the same reasons, the Office will not register surveys of water and land masses that
are captured by the data that echo-sounders and similar equipment produce.
When x-rays or other medical images are used to illustrate a literary work, such as
medical textbooks, excavation training guides, and journal articles, the Office may accept
a claim in a “compilation of images,” “text and illustrations,” “text and illustrative
diagrams,” or “text and figures.” The registration for such works will cover the text and
the copyrightable compilation authorship, but not the underlying x-rays or medical
images.
Similarly, applicants may use terms such as “illustrations,” “figures,” or “illustrative
diagrams” to describe x-rays or medical images that have been modified with words,
abbreviations, symbols, or color indicators, such as arrows, markers, or pointers that
illustrate topics discussed in the accompanying literary work. In such cases, the Office
may register the modified image as a technical drawing if it is sufficiently creative, but
the Office will not accept a claim in the underlying image itself.
When elements of color and the like are used to facilitate the medical use of x-rays or
other images, the Office will refuse to register the claim based on the fact that the image
is a useful article. There may be rare situations where x-rays or medical imaging may be
registered if they are separable from the utilitarian function of the image, or if the
imaging technology was used solely for artistic purposes. For such artistic uses of x-ray
or imaging technologies, the sole artistic purpose must be recognizable from the deposit
copy(ies)
, and must be conceptually separable and sufficiently creative.
This redline compares the Compendium (Third) released December 22, 2014, and the Compendium (Third) released September 29, 2017.

C O M P E N D I U M O F U . S . C O P Y R I G H T O F F I C E P R A C T I C E S , ThirdEdition
Chapter 900 : 48 	09/29/2017
Examples:
• 	Xavier Xander files an application for an x-ray of a broken arm and
describes his authorship as a “photograph.” The registration
specialist will refuse to register the claim.
• 	Xenia Xon submits an application for an x-ray of a farm animal that
has been modified with bright red colors and original images of
processed food products. She describes her authorship as “two-
dimensional artwork.” The registration specialist may register the
claim, because it includes creative elements that are conceptually
separable from the x-ray.
This redline compares the Compendium (Third) released December 22, 2014, and the Compendium (Third) released September 29, 2017.