# Compendium of US Copyright Office Practices, II (1984)/500

Chapter 500
* COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS
Outline of Topics
501Pictorial, graphic, and sculptural works: in general. 501.01Forms of embodiment. 502Works of art. 503Registration requirements for drawings, paintings, other pictorial works, and sculpture. 503.01Style and artistic merit. 503.02Copyrightable pictorial, graphic, and sculp­tural expression. 503.03Works not capable of supporting a copyright claim. 504Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. 504.01Material not subject to registration. 504.02Examples. 505Registration requirements for the shapes of three­ dimensional useful articles. 505.01Definition of useful article. 505.02Separability test. 505.03Separability test: conceptual basis. 505.04Separability test: physical basis. 505.05Separability test: factors not relevant in determining registrability. 506Prints. 506.01Registration requirements. 506.02Pictorial or graphic material. 506.03Uncopyrightable elements.
507Reproductions of pictorial, graphic, or sculp­tural works. 507.01Registration requirements. 507.02Derivative works. 507.03Reproductions not capable of supporting a registration. 508Photographs, holograms, and individual slides. 508.01Registration requirements. 508.02Uncopyrightable works. 509Maps. 509.01Registration requirements. 509.02Compilations and derivative works. 509.03Elements not capable of supporting a copyright. 510Scientific works: architectural and technical drawings and models. 510.01Registration requirements. 510.02Uncopyrightable works. 510.03Ideas, processes, or systems. 510.04Subjects depicted.
Chapter 500
COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS
Examples:
Minimal standards: sculptural material. The requisite minimal amount of origi­nal sculptural authorship necessary for registration in Class VA does not depend upon the aesthetic merit, com­mercial appeal, or symbolic value of a work. Copyrightability is based upon the creative expression of the author, that is, the manner or way in which the material is formed or fashioned. Thus, registration cannot be based upon standard designs which lack original­ity, such as common architecture moldings, or the volute used to decorate the capitals of Ionic and Corinthian columns. Similarly, it is not possible to copyright common geometric figures or shapes in three­ dimensional form, such as the cone, cube, or sphere. The mere fact that a work of sculpture embodies uncopyright­able elements, such as standard forms of ornamentation or embellishment, will not prevent registration. However, the creative expression capable of supporting copyright must consist of something more than the mere bringing together of two or three standard forms or shapes with minor linear or spatial variations. In no event can registra­tion rest solely upon the fact that an idea, method of operation, plan, or system has been successfully communi­cated in three-dimensional form. In every case, it is the creative expres­sion of the author which must be able to stand alone as an independent work apart from the general idea which informs it.
Examples:
A toy manufacturer conceives a novel idea for a toy consisting of multicolored geometrical spheres, cubes, and cylinders of varying sizes. All of these parts or pieces are magnetized, and will adhere to one another when placed in close proximity. Thus, it is possible to construct an indefinite variety of shapes and figures by means of the magnetized parts or pieces. The manufacturer desires to protect the three-dimensional aspects of the toy before publica­tion occurs. He applies to the ​Copyright Office for registration of a design for an unpublished sculptural work of art. His appli­cation Form VA is accompanied by one complete set of magnetized spheres, cubes, and cylinders arranged in a plain box according to size and color. Practice: We will refuse a registration in Class VA based solely upon the unassem­bled toy, even though its component parts or pieces are potentially capable of being arranged in copy­rightable shapes and forms. The general idea of the toy is uncopy­rightable, regardless of its novelty or uniqueness.
Examples. The following are examples of the principles governing the registrability of such works:
Registration requirements. In order to be registrable, an art reproduction must contain at least a certain minimum amount of original
Uncopyrightable works. Where images are produced through the operation of mechanical or photomechanical processes with no appreciable element of artistic expression, the work is not registrable.
Examples:
Blank forms. Blank forms and similar works which are designed for recording information and do not in themselves con­vey information, cannot be registered. Common examples include: forms calibrated for use in conjunction with a machine or device, report forms, graph paper, account
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