# Compendium of US Copyright Office Practices (1973)/Chapter 2
## Class B (including BB)

Chapter 2
COPYRIGHTABLE MATTER
Part 2.3 PERIODICALS (CLASS B)
Outline of Topics
| 2.3.1 | GENERAL RULES | GENERAL RULES |
| | I. | Publication with notice |
| | II. | Manufacturing requirements |
| | III. | Registration |
| 2.3.2 | WHAT ARE PERIODICALS | WHAT ARE PERIODICALS |
| | I. | In general |
| | II. | Annual publications |
| | III. | Irregular publications |
| | IV. | Series of books |
| | V. | Loose-leaf material |
| | VI. | Post-Office classification |
| 2.3.3 | SEPARATE EDITIONS OF A PARTICULAR ISSUE | SEPARATE EDITIONS OF A PARTICULAR ISSUE |
| | I. | Periodicals other than daily newspapers |
| | II. | Daily newspapers |
| 2.3.4 | CONTRIBUTIONS TO PERIODICALS | CONTRIBUTIONS TO PERIODICALS |
| | I. | Separate registration |
| | II. | Classification |
Chapter 2. COPYRIGHTABLE MATTER
Part 2.3 PERIODICALS (CLASS B)
Where the only difference between the editions
A contribution consisting of a particular class of copyright matter (e.g., a drama, a piece of music, a map, a photograph, etc.), if it bears an appropriate notice, may be registered in that particular class (a drama in Class D, etc.) if the applicant so desires. However if book material is filed with Form A, Form BB will be
Copyrightable matter (e.g., a pictorial emblem) to be reproduced in each issue of a periodical as part of the format is not registrable in Class B as a contribution. But if it bears a
End of Part 2.3.
Pages 2-131 through 2-140 reserved for future use.

## Class C

Chapter 2
COPYRIGHTABLE MATTER
Part 2.4 WORKS PREPARED FOR ORAL DELIVERY (CLASS C)
Outline of Topics
| 2.4.1 | WHAT IS A WORK PREPARED FOR ORAL DELIVERY"? | WHAT IS A WORK PREPARED FOR ORAL DELIVERY"? |
| | I. | Statutory provisions |
| | II. | Definition |
| | III. | Examples |
| 2.4.2 | ONLY UNPUBLISHED WORKS REGISTRABLE IN CLASS C | ONLY UNPUBLISHED WORKS REGISTRABLE IN CLASS C |
| | I. | Published works not registrable |
| | II. | Later publication |
| | III. | No notice required |
| 2.4.3 | ONLY NON-DRAMATIC TEXTUAL WORKS REGISTRABLE IN CLASS C | ONLY NON-DRAMATIC TEXTUAL WORKS REGISTRABLE IN CLASS C |
| | I. | Dramatic material |
| | II. | Copy deposited should be a textual manuscript |
| 2.4.4 | PREPARATION AND SUITABILITY FOR ORAL DELIVERY | PREPARATION AND SUITABILITY FOR ORAL DELIVERY |
| | I. | Preparation in the first instance for oral deliv ery |
| | II. | Suitability for oral delivery |
Part 2.4 WORKS PREPARED FOR ORAL DELIVERY (CLASS C)
Later publication. When a work that has been registered in Class C is later published with notice, registration should be made as a "book" in Class A, even if the text is exactly the
If the work appears clearly to be a dramatic composition (that is, if it has a plot and contains dialogue and directions concerning the action or production) an application on
If the dramatic character of the work 1s
A sound recording of a work prepared for oral delivery is not acceptable for registration in Class C. When a sound recording is deposited, the Office will reject the claim but point out to the applicant the possibility of writing out the text in manuscript form and then making registration on the basis of
If application is filled on Form C, and the portion of the work prepared for oral delivery will support a registration in Class C, a single
A manuscript that has clearly been pre­pared in the first instance for publi­cation and individual reading, rather than for oral delivery before an
End of Part 2.
Pages 2-151 through 2-180 reserved for future use.

## Class E

Chapter 2
COPYRIGHTABLE MATTER
Part 2.6 MUSIC (CLASS E)
Outline of Topics
| 2.6.1 | WHAT ARE MUSICAL COMPOSITIONS | WHAT ARE MUSICAL COMPOSITIONS |
| | I. | Generally |
| | II. | Evaluation of musical content |
| | III. | Evaluation of textual content |
| | IV. | Books of music |
| 2.6.2 | NATURE AND COMPLETENESS OF COPIES DEPOSITED | NATURE AND COMPLETENESS OF COPIES DEPOSITED |
| | I. | Conventional notation not necessary |
| | II. | Sound recordings not acceptable |
| | III. | Completeness of copies deposited |
| 2.6.3 | REQUIREMENTS OF REGISTRATION FOR MUSICAL COMPOSITIONS | REQUIREMENTS OF REGISTRATION FOR MUSICAL COMPOSITIONS |
| | I. | Unpublished musical compositions |
| | II. | Published musical compositions |
| 2.6.4 | NEW VERSIONS OF MUSICAL COMPOSITIONS | NEW VERSIONS OF MUSICAL COMPOSITIONS |
| | I. | In general |
| | II. | Adaptations or arrangements |
| | III. | Revisions or additions |
| | IV.Editing |
| | V. | New lyrics |
| | VI. | Compilations |
2-181
Part 2.6 MUSIC (CLASS E)
To be registrable in Class I, it is not necessary that all of the underlying musical
The words of a song. without music, are not of themselves a musical composition, and
If the work is submitted as un­published and it consists of registrable music and text which
If the the work is submitted as pub­lished and it consists of regi­strable music and a substantial amount of origina1 text, an ap­plication on Form E will general­ly be accepted; or, if separate notices have been used, separate
In general. In order for registration of a new version of an existing musical composition to be valid, the composition employed must be in the public domain or, if copyrighted or protected under common law, must be
The rewriting of a substantial portion
The addition of a piano accompaniment
New words to be sung to the melody of
English translations of the words of
The mere republication together of several ​previously published musical works, where no appreciable degree of original athorship was involved in putting them together, does not constitute a registrable compilation.
End of Part 2.6.
Pages 2-202 through 2-270 reserved for future use.

## Class G

Chapter 2
Copyrightable Matter
Part 2.8
WORKS OF ART CLASS G
Outline of Topics
| 2.8.1 | IN GENERAL | IN GENERAL | IN GENERAL |
| | I. | Copyrightable matter subject to registration in Class G | Copyrightable matter subject to registration in Class G |
| | | a. | Constituent elements |
| | | b. | Forms of embodiment |
| 2.8.2 | CLASSIFICATION OF WORKS OF ART | CLASSIFICATION OF WORKS OF ART | CLASSIFICATION OF WORKS OF ART |
| | I. | Nature of the material | Nature of the material |
| | | a. | Single-page works |
| | | b. | Folders and the like |
| | | c. | Multi-page works |
| | | d. | Contributions to "books" or "periodicals" |
| | | e. | Work of art and text combined |
| | | f. | Three-dimensional works |
| | | g. | utilitarian articles |
| | II. | Purpose, function, or use for which the material is designed | Purpose, function, or use for which the material is designed |
| | | a. | Drawings or plastic works of a scien­tific or technical character |
| | | b. | Commercial prints or labels ​ |
| 2.8.3 | REGISTRATION REQUIREMENTS | REGISTRATION REQUIREMENTS | REGISTRATION REQUIREMENTS |
| | I. | Copyrightable subject-matter | Copyrightable subject-matter |
| | | a. | Pictorial or graphic material |
| | | b. | Sculptural material |
| | | c. | New matter |
| | | d | Utilitarian articles |
| | II. | Formalities of registration | |
| | | a. | Deposit of copy or copies |
Chapter 2
COPYRIGHTABLE MATTER
Part 2.8
WORKS OF ART (CLASS G)
Pictorial or graphic material.
Sculptural material. Class G is appropriate for the registration of published and unpublished three­ dimensional sculptural works containing original authorship of a copyrightable nature, such as, for
Single pictorial or graphic work of art on more than one page. A pub­lished single pictorial or graphic work of art whose content extends continuously across two or more pages may be considered a single­page work for purposes of classifi­cation, as for example: an original engraving of costumed figures in
Published pictoral or graphic ma­terial. Class A is generally appro­priate for the registration of claims to copyright in published multi-page collections and compilations of pictorial or graphic works of art which have been published together as a unit and are identified by a common title, such as, for example: a portfolio of twenty original paint­ ingsselected by the artist from his own previously unpublished work and reproduced in color with a textual introduction. NOTE: A single regis­tration in Class-G may also be appro­priate in cases where the copyright claim is based essentially upon original artwork, such as, a set of
Copyright notice insufficient for Class A. If a multi-page pictorial or graphic work of art has been published with a copy­right notice which fails to satisfy the notice requirements prescribed by the law for "books," registration in Class A will not be possible. Neverthe­less, if such a work bears a ​notice which satisfies the requirements of the law pre­scribed for material registrable in Classes F through K, regis­tration may be made on that basis under the rule of doubt. The following procedures apply:
Application Form A re­ceived. If an application has been submitted on Form A, registration in Class A will be rejected. In such a case, the Office may offer a single regis­tration in Class G on Form G on the basis of the pictorial or graphic mater­ial which the work contains, informing the applicant of the doubtful nature of the
Contributions to "books" or "periodi­cals." An-orI9!nal pictorial or graphic work of art first published in the form of a contribution to a "book," newspaper, magazine, or other "periodical," may be considered for registration in Class G, ​provided the contribution contains its own separate copyright notice. However, if the contribution includes a substantial amount of text, or consists of many pictorial or graphic works of art, a single registration in either Class A or in Class B may be more appropriate, depending upon the form of publication.
An eight-page supplement to the Sunday edition of a newspaper is devoted entirely to an auto­biographical article by a local artist, several of whose original ​paintings are reproduced in color and published for the first time in the supplement. A copyright notice acceptable for a "con­tribution to a periodical" appears on the front page of the supplement. Practice: The sup­plement may be accepted for a single registration in Class B on Form BB as a contribution to a periodical," However, if the applicant insists on Class G, a single registration may be made on Form G, even though the extent of protection given to the text­ual material by such registration is doubtful.
Unpublished works. If the textual material is substantial and it appears that copyright is being claimed in both text and the work of art, the claim should not be regis­tered, until the scope of registration in Class G has been explained to the applicant. Generally, unpublished textual material (except captions and incidental text) should be separated from the copy deposited, wherever possible, and returned to the appli­cant. Unpublished textual material
Three-dimensional works. Class G is the appropriate category for the registration of claims to copyright in both published and unpublished three-dimensional works of art containing a substantial amount of original sculpture. Copyrightable sculp­ture includes statuary, abstract and ​representational carvings, bas-relief, and the like, which are commonly exe­cuted in hard material such as marble, bronze, glass, or wood. Sculptural authorship may also be embodied in works which are shaped, cast, or molded, such as, for example, a ceramic figurine, a plaster of Paris plaque in bas-relief, or a "plastic" toy formed from one of the commonly known synthetic chemical deriva­tives such as styrenes, vinyl compounds, or acrylic resins. Sculptural authorship may also be embodied in other materials such as, for example: a molded chocolate rabbit, a stuffed toy doll, or a floral design decorating a cake. However, a work may be three-dimensional in form and yet lack authorship of a sculptural nature. Thus, a work consisting of two-dimensional pictorial prints reproduced on separate pieces of cardboard which are interlocked at right angles with one another so as to produce an illusion of depth would not be considered sculpture in the copyright sense. (See also topic 2.8.3.1.)
Pictorial or graphic material. Class G is appropriate for the registration of ​original pictorial or graphic material which embodies creative authorship in its pattern, form, shape, or configura­tion. Creative authorship may be expressed in the linear contours of a drawing, the brush marks or strokes characteristic of a painting, the assemblage of diverse fragments compris­ing a collage, the arrangement and juxtaposition of pieces of colored stone in a mosaic portrait, or the pattern of an abstract design executed in marquetry. Visual representation is always basic, regardless of the form in which a work is presented.
Minimal standards. A certain minimal amount of original creative author­ship is essential for registration in Class G or in any other class. Copy­right ability depends upon the presence of creative expression in a work, and not upon aesthetic merit, commercial appeal, or symbolic value. Thus, reg­istration cannot be based upon the simplicity of standard ornamentation such as chevron stripes, the attract­iveness of a conventional fleur-de­ lys design, or the religious signifi­cance of a Greek cross. Similarly, it is not possible to copyright com­mon geometric figures or shapes such as the hexagon or the ellipse, a standard symbol such as an arrow or ​a five-pointed star. Likewise, mere coloration cannot support a copyright even though it may enhance the aesthetic appeal or commercial value of a work. For example, it is not possible to copyright a new version of a textile design merely because the colors of red and blue appearing in the design have been replaced by green and yellow, respectively. The same is true of a simple combination of two or three standard symbols such as a circle, a star, and a triangle, with minor linear or spatial variations.
Class G is appro­priate for the registration of original sculpture which embodies creative authorship expressed in three-dimensional form ​by means of carving, casting, cutting, molding, shaping, or otherwise processing plastic or hard materials. Creative sculptural authorship may be expressed in the form, or the peripheral outline of whatever has been given a three­ dimensional form or shape.
Minimal standards. The requisite minimal amount of original sculptural authorship necessary for registration in Class G 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 he forms or fashions his material. Thus, registration cannot be based upon standard designs which lack originality, such as common architec­tural 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, 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.
Registration in Class G is re­quested for a design or model of a table lamp. Cast in plaster of Paris, the design features the head of a horse mounted on an iron horseshoe with toe and heel calks which supports the entire fixture. Electrical wiring is concerned within the plaster casting. Practice: If the head of the horse is original registration may be considered on that basis. However, the general idea of embellishing a lighting fixture with a work of art is ​not copyrightable. The same is true of the decorative idea of using a horseshoe as support for a lamp base, regardless of the pleasing effect thereby achieved.
A toy manufacturer conceives a novel idea for a toy consisting of multi-colored geometrical spheres, cubes, and cylinders of varying sizes. All of these parts or pieces are magnetized, and will adhere to each other 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 G 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 G based solely upon the unassembled toy, even though its component parts or pieces are potentially capable of being arranged in copyright­ able shapes and forms. The general idea of the toy is, of course, uncopyrightable, regard­less of its novelty or uniqueness.
A work described as a "mobile" consists of nine pieces of trans­lucent colored glass each of which is suspended by wire from an overhead rack designed to rotate about a pivot in a hori­zontal plane, The suspension wires vary in length and no two pieces of glass share the same shape or outline, Registration is sought in Class G on the basis of the overall effect pro­ duced by the play of light upon the suspended glass components of a work which the applicant ​describes as three-dimensional." No copyrightable authorship is claimed in the design of the individual pieces of glass. Practice: Registration based up­ on the cumulative effect produced by the component members of the mobile will be refused. If these members had contained copy­rightable authorship, registra­tion could have been considered on the basis of the two­ dimensional design features dis­played by the pieces of glass.
New matter. If a work of art which has been previously published or previously registered in unpublished form contains new pictorial, graphic, or sculptural material, registration based upon such
A pencil drawing of an old man's head has been registered as an unpublished ​drawing. Another version of the same work is subsequently submitted for registration. The later version incorporates the earlier drawing with the addition of new pictorial matter showing the arms and torso. Practice: The later version is entitled to reg­istration on the basis of additional pictorial matter.
Attractiveness of design. The mere fact that an article 0 utility is novel, unique, and attractively designed does not warrant its regis­tration as a "work of art." Thus, where design is dictated by utilitar­ian requirements rather than aesthetic considerations, it cannot provide a sufficient basis for registration. Examples of useful ,articles whose design is generally dictated by function rather than aesthetic con­siderations include the following: (1) automotive bodies and parts, (2) marine hulls, (3) stoves, toasters, vacuum cleaners and other ​household appliances, (4) bottles and food containers, (5) kitchen utensils, (6) articles of clothing, (7) machinery, and (8) tools and implements.
Availability of protection under design patent law. A useful article may be accepted or registration as a work of art, even though it may also be entitled to protection under the design patent law. (See Title 35,
Published textiles and lace. The requirement that both copies com­prising a deposit must be identical may present special problems in cases where the copyrighted work consists of a repetitive design ​reproduced on a continuous roll or sheet, as for example, a bolt of cloth or a "web" of lace. Generally, the copies submitted for deposit should represent the form in which publication first occurred. In the case of goods sold by the yard or fractions thereof, the copies need not exceed one yard in length. How­ ever, if the notice of copyright appears at regular intervals along the selvage, margin, or edge of the material, it is always desirable that each copy be of sufficient length to show two such notices in order to establish the frequency and regularity of their position on the work.
END OF PART 2.8 PAGES 2-300 THROUGH 2-420 RESERVED FOR FUTURE USE

## Class J

Chapter 2
Copyrightable Matter
Part 2.11
PHOTOGRAPHS (CLASS J)
Outline of Topics
| 2.11.1 | IN GENERAL | IN GENERAL | IN GENERAL |
| | I. | Statutory provisions | Statutory provisions |
| | | a. | United States Code |
| | | b. | The Regulations of the Copyright Office |
| | II. | Copyrightable matter subject to registra­tion in Class J | Copyrightable matter subject to registra­tion in Class J |
| | | a. | Constituent elements |
| | | b. | Forms of embodiment |
| 2.11.2 | CLASSIFICATION OF PHOTOGRAPHS | CLASSIFICATION OF PHOTOGRAPHS | CLASSIFICATION OF PHOTOGRAPHS |
| | I. | Origin of the material | Origin of the material |
| | | a. | Domestic works |
| | | b. | Foreign works |
| | II. | Nature of the material | Nature of the material |
| | | a. | Single photographs |
| | | b. | Multiple photographs |
| | | c. | Photographs and text combined |
| | | d. | Contributions to "books" and "periodicals" ​ |
| 2.11.3 | REGISTRATION REQUIREMENTS | REGISTRATION REQUIREMENTS | REGISTRATION REQUIREMENTS |
| | I. | Copyrightable subject-matter | Copyrightable subject-matter |
| | | a. | Photographic composition |
| | | b. | The subject of the photograph |
| | | c. | Old photographs |
| | | d. | Mechanical reproduction |
| | | e. | New matter |
| | II. | Publication with notice | Publication with notice |
| | | a. | Publication |
| | | b. | Notice of copyright |
| | | c. | Exception to the general rule |
| | | d. | Unpublished photographic material |
| | III. | Formalities of registration | Formalities of registration |
| | | a. | Application form prescribed |
| | | b. | Deposit of copy or copies |
| | | c. | Fee prescribed |
| | | d. | Time limitation |
| | IV. | Manufacturing requirement | Manufacturing requirement |
Chapter 2
COPYRIGHTABLE MATTER
Part 2.11
PHOTOGRAPHS (CLASS J)
Printed reproductions. A pub­lished reproduction of a photograph produced by lithography, photoengraving, roto­gravure, collotypy, mezzotinto, or other similar process of reproduction, is ordinarily not
The author was neither a citi­zen of, nor domiciled in, the United States at the time of
Registration designator. Claims to copyright in foreign photographs are assigned registration numbers pre­ceded either by the letters Jf or
Multiple photographs. Class J is the appropriate category for the registra­tion of collections of two or more ​photographs including filmstrips, slide films, and the like, in either published or unpublished form.
Photographs and text combined. The presence of captions and incidental text in a photographic work will not ​prevent registration in Class J. However, if the copyrightable contents of a work which is photographic in form are entirely textual. registration in Class J is not authorized. regardless of the fact that the text is reproduced by a photomechan­ical process or that the work appears on microfilm, photographic transparencies, or the like.
Unpublished works. If the textual material is substantial and it appears that copyright is being claimed in both text and photography, the claim should not be registered until the scope of registration in Class J has been pointed out to the applicant. Generally. unpublished textual mater­ial (except captions and incidental text) should be separated from the copy deposited, wherever possible, and returned to the applicant. Un­published textual material is ordin­arily not entitled to copyright ​registration. Works prepared for oral delivery and dramas are excep­tions, however. (See Parts 2.4 and 2.5.)
A set of six photographic film slides illustrating undersea life has been published with a separate notice on each slide as part of the May 1970 issue of a monthly scientific journal on marine biology. Practice: Register the claim either on Form BS or Form J. However, if the contribution had included a substantial amount of text, we should request application on Form BS, pointing out the possible limitations of regis­tration in Class J. If the applicant nevertheless insists
Copyrightable subject-matter. To be en­titled to copyright protection as a "photo­graph," a work must contain an appreciable amount of original photographic authorship. Registration in Class J is not authorized if creative authorship of a copyrightable nature is lacking, as, for example, in a case where the photograph results solely ​from the operation of mechanical or photo­ mechancial processes. (See topic 2.11.3.I.d.)
NOTE: The copyrightabi1ity of a photograph depends upon the variety and extent of elements involved in its composition and not upon the nature of the thing depicted or the subject photographed.
The subject of the photograph. Regis­tration of claims to copyright in published or unpublished photographs does ​not depend upon the nature of the subject photographed, nor does such registration extend to the subject depicted, regard­less of their nature.
Published works. If the photograph itself is copyrightable as such, and has been published with the required statutory ​notice, registration may be made on that basis, but the Office will call the applicant's atten­tion to the scope of registration in Class J.
Form. The law requires that the copy­right notice include the word "Copyright, It the abbreviation "Copr.," or the symbol ©, accompanied by either: (1) the name of the copyright owner, or (2) the initials, monogram, mark, or symbol of the copyright owner, ​provided his name appears on some accessible part of the work. (See also topic 4.2.1.11.)
U.C.C. notice. The notice prescribed in the Universal Copyright Convention consists of the symbol ©, accompanied by the name of the copyright owner and the year date when copyright was first secured, either by publication, or, in the case of an unpublished work, by registration in the Copy­right Office. (See also topic 4.2.4.III.) The notice must be ​located on the work in such manner and position as to give reasonable notice of the copyright claim.
Application form prescribed. Applica­tion for registration of a claim to copyright in a "photograph" should be submitted on Form J, which is appropriate for published or unpublished works of both domestic and foreign origin.
Option B. Two complete copies of the "best edition" of the photographic work as first pub­lished (together with the required catalog card) will suffice for purposes of deposit under Option B, provided the
Best edition. In the case of a pub­lished "photograph," the copy or copies submitted for deposit should represent the form in which the work was first made available to the pub­lic without restriction. Where two or more editions or issues of dif­ferent quality are pulished ​simultaneously, deposit of a copy or copies of the "best edition" will be required. Thus, if a "photo­graph" is published in both black and white and color versions, the color version would ordinarily be considered the "best edition." If two copies are required for deposit, both copies should be duplicates. For further explanation of the re­quirements relating to "best edition," see Part 5.3,
Waiver-of-fee option. Published "photographs" of foreign origin may be entitled to registration without payment of the customary fee, pro­vided all of the following elements are received in the Copyright Office
END OF PART 2.11 PAGES 2-448 THROUGH 2-70 RESERVED FOR FUTURE USE

## Classes L and M

Chapter 2
COPYRIGHTABLE MATTER
Part 2.14 MOTION PICTURES (CLASSES L-M)
Outline of Topics
CHAPTER 2. COPYRIGHTABLE MATTER
Part 2.14 MOTION PICTURES (CLASSES L-M)
Registration is not made for a sound track alone, or for a sound track as the only new
Publication of a motion picture is generally deemed to have taken place when prints of the
The law requires a statement of the author's citizenship and the application form calls
End of Part 2.14