Compendium of US Copyright Office Practices (1973)/Chapter 6

The text of any book or periodical by a U. S. author or domiciled alien, except the English-language text of a 'Work exempted by virtue of the ad interim provisions. (See Part 6.2.)

b.

The text of any book or periodical in the English language by a foreign author, except the text of works exempted by virtue of the ad interim provisions, or of the U.C.C. and 6 9(c) of the Code. (See Part 6.4.)

c.

Lithographs or photoengravings, either as illustrations in a book or periodical, or as separate Works, except where they are exempt by virtue of the U.C.C. and 8 9(c) of the Code, or where they represent a subject located abroad and illustrate a scientific work or reproduce a work of art. (See Part 6.4.)

II.

Affidavit of U. S. manufacture. For the registration in Class A of a book subject to the manufacturing clause (see topic 6.2.1.), the application must be accompanied by an affidavit (on page 2 of Application Form A) showing that the book was manufactured in the U. S. (See topic 6.2.3.)

III

Limits of the United States

a.

Manufacture in an unincorporated territory or in an organized unincorporated territory of the U. S. will be regarded an manufacture "within the limits of the United States" (Code, 9 16), for purposes of registration. Included are:

1.

Panama Canal Zone

2.

The Virgin Islands

3.

Puerto Rico

4.

Guam

b.

Manufacture in an unorganized area under the jurisdiction of the U. S., such as Samoa, is not regarded as manufacture "within the limits of the United States."

6.1.2

Ad Interim registration.

I.

In general.

a.

Ad interim registration may be made for three general types of books and periodicals in the English language manufactured and first published outside the United States. (See Ch. 8, Works first published abroad.)

1.

Works by U. S •citizens or domiciliaries.

2.

Works which would have been exempted from the manufacturing requirements by virtue of § 9(c) of the Code, but which failed to meet the U.C.C. notice requirements provided in that section.

3.

Works by authors who are citizens of countries with which the U. S. has established copyright relations, but who are not citizens of a country party to the U.C.C. and who do not first publish the work in such a country.

b.

A book or periodical in a foreign language is not registrable ad interm.

c.

If an application for ad interim registration is received for a work in a class which is not subject to the manufacturing clause (e.g., a drama or a book of music), an application for full-term registration on the appropriate from (e.g., Form D or Form E Foreign) nay be suggested instead.

II.

American edition. After a book or periodical in the English language has been registered ad interim, an edition manufactured and published in the United States with appropriate notice within five years of foreign publication may be registered in Class A or B.

Part 6.2 BOOKS OF TEXT

6.2.1

Books subject to manufacturing clause.

I.

In general.

a.

General rule. To be registrable in Class A (except as noted in the following paragraph b), a printed book of text must be manufactured in the United States (see topic 6.2.2) when:

1.

The text 16 in the English language (see topic 6.2.1, III), or

2.

Regardless of the language, the author is a citizen of or domiciled in the U. S. (see topic 6.2.1, III.)

Examples:

(1)

English language book by a U. S. author.

(2)

Foreign language book by a U. S. citizen, even though he is domiciled in France.

(3)

Foreign language book by an Italian citizen domiciled in New York.

b.

Exceptions. Manufacture in the U. S. is not required for the registration of books in the following; instances:

1.

Books in raised characters for the blind (such as Braille).

2.

Books "of foreign origin in a language or language other than English" -- that is, foreign-language books by foreign authors. Note: a book by a

U. S. citizen or domiciliary is not regarded as a work "of foreign origin." (See topic 6.2.1., III.)

3.

English-language books manufactured and first published abroad, for which ad interim copyright protection is being sought. (See topic 6.1.2 and Chapter 8.)

4.

Books in any language by nationals of foreign U.C.C. countries, first published outside the United States with the U.C.C. notice specified in § 9(c). (See Chapter 8.)

5.

Books in any language by foreign authors, first published in a U.C.C. country with the U.C.C. notice specified in § 9(c). (See Chapter 8.)

c.

Books not printed. Whether a Class A book which is mimeographed, typewritten, or produced by a similar process of manual duplication is required to be so produced in the United States is regarded as doubtful. Hence:

1.

If a mimeographed, typewritten, or similar book apparently produced in the U. S. is submitted for registration in Class A without an affidavit, the Office will suggest that the affidavit be filed. But if the applicant insists, registration may be made in Class A without the affidavit.

2.

Where the manufacturing requirements would not apply to a work, as explained in paragraph b, above, registration for a mimeographed, typewritten, or similar book may be made on Form A-B Foreign.

3.

Where the ad interim requirements would apply to the book if it were printed, the applicant will be offered the alternative of making registration on Form A-B Ad Interim or on Form A-B Foreign. In the latter event, Form A (without the affidavit) would be used if the book was by an American citizen or domiciliary, and Form A-B Foreign would be used in all other cases.

II.

Other works published in book form.

a.

Dramas. Dramatic works, though published in book form, may be registered in Class D without regard to the place of manufacture. However, when the bulk of the copyrightable matter in a work is textual rather than dramatic, the work will generally be treated as a book subject to the manufacturing requirements.

Examples:

(1)

A new English translation of Tartuffe would be registered in Class D without regard to the manufacturing requirements.

(2)

A new edition of Hamlet with a 50-page introduction by a Canadian professor would be subject to the manufacturing requirements.

b.

Music. Musical compositions, though published in book form and with lyrics and incidental text in English, may be registered in Class E without regard to the place of manufacture.

1.

When the bulk of the copyrightable matter is text, rather than music, or words and

music combined, the work will generally be treated as a book subject to the manufacturing requirements.

2.

When the bulk of the copyrightable matter is compilation or editing rather than actual literary or musical composition, the work may be submitted for registration either as a book or as a musical composition. Where the compilation or editing relates primarily to the text rather than the music, the applicant may be cautioned that the work (manufactured outside the United States) may not meet the manufacturing requirements.

c.

Classes F-K. Graphic works registrable in any of the Classes F-K, though published in book form and with incidental text in English, may be registered in that class without regard to the place of manufacture, unless those works are lithographs or photoengravings subject to the manufacturing clause (see Part 6.4).

III.

Language and authorship.

a.

English language.

1.

The following English-language books are subject to the manufacturing requirements:

(a)

Books first published in the United States.

(b)

Books by U. S. citizens and domiciliaries.

(c)

Books by citizens or countries not party to the U.C.C. and not first published in a U.C.C. country.

(d)

Books by citizens of countries which are parties to the U C.C., or which were first published in a U.C.C. country, but which do not contain a notice conforming to the U.C.C. requirements specified in § 9(c).

2.

Works falling into any of the above categories, except that specified in paragraph (a), are eligible for ad interim registration if manufactured and first published abroad.

b.

Foreign language.

1.

Assuming that it otherwise qualifies for registration, a book in a foreign language by a foreign author, first published abroad, may be registered on Form A-B Foreign Without regard to the place of manufacture.

2.

Assuming that it otherwise qualifies for registration, a book in a foreign language by a foreign author, manufactured abroad but first published in the U. S., may be registered on Form A-B Foreign, under the rule of doubt. A cautionary letter should be sent in such cases.

3.

A book in a foreign language must be manufactured in the United States if the author is a citizen of or domiciled 1n the United States if manufactured abroad, it cannot be registered on either Form A-B Foreign or Form A-B Ad Interim.

c.

Mixed languages: foreign author. Where a book by a foreign author, manufactured abroad, is partly in English and partly in a foreign language:

1.

If the work qualifies under the U.C.C. exemptions of § 9(c), registration should

be made on Form A-B Foreign.

2.

If the work does not qualify under the U.C.C. exemptions:

(a)

If the foreign-language material predominates, a single registration may be made on Form A-B Foreign, or dual registrations may be made on both Form A-B Foreign and Form A-B Ad Interim, without correspondence. If only Form A-B Ad Interim is received, registration should be deferred; the applicant should be informed that entry on Form A-B Foreign, or on both Forms A-E Foreign and A-B Ad Interim, might be preferable.

(b)

If the English and foreign language material are evenly balanced, dual registrations may be made on both Form A-B Foreign and Form A-B Ad Interim, without correspondence. If either Form A-B Ad Interim or Form A-B Foreign is received alone, registration will be made, but a cautionary latter should be sent pointing out the possibility of an additional entry on the other form.

(c)

If the English-language material clearly predominates, a single registration may be made on Form A-B Ad Interim, or dual registrations may be made on both Form A-B Foreign and Fom A-B Ad Interim, without correspondence. If only Form A-B Foreign is received, registration should be made, but a cautionary letter pointing out the possibility of ad interim registration should be sent.

(d)

In any of the above cases, no disclaimer or limitation of claim need be included on the application.

d.

Mixed languages: U. S. author. Where a book by a U. S. author, manufactured abroad, is partly in English and partly in a foreign language:

1.

An application on Form A-B Foreign cannot be accepted.

2.

An application on Form A-B Ad Interim can be accepted if received within six months of first publication abroad. No disclaimer or limitation of claim is necessary in such cases, but a cautionary letter should be sent where the English and foreign-language material are evenly balanced, or the foreign-language material predominates.

e.

Mixed authorship: foreign-language work. Where a book in a foreign-language, manufactured abroad, is written by authors of more than one nationality, registration may be made on Form A-B Foreign, even if one or more of the authors is a U. S. citizen. No disclaimer or limiting statement need be included in the application, but a cautionary letter should be sent where U. S. authorship clearly predominates.

f.

Mixed authorship: English-language work. Where a book in English, manufactured and first published abroad, is written by authors of more than one nationality:

1.

If one or more of the authors is the citizen of a U.C.C. country, or if the work was first published in a U.C.C. country, registration may be made on Form A-B Foreign, regardless of the citizenship of the other authors; no disclaimer or limiting statement is necessary. If U. S. authorship clearly predominates, or if U. S. or non-U.C.C. authorship together predominate in a work first published abroad in a non-U.C.C. country, a cautionary letter pointing out the possibility of an additional ad interim registration may be sent.

2.

If none of the authors is the citizen of a U.C.C. country, and the work was not first published in a U.C.C. country, registration on Form A-B Foreign cannot be made. Ad interim registration may be made (assuming copyright relations) within six months of first publication abroad.

6.2.2

Manufacture in U. S.

I.

Processes to be performed in U. S.

a.

Printing from type. If a book subject to the manufacturing clause is printed from type, then the setting of the type, the making of any plates, and bhe printing from the type or plates, must all be

done in the United States.

For example, a book printed in the U. S. from plates made in England, or a book printed in Canada from type set in the U. S., would not meet the requirements of manufacture in the U. S.

b.

Lithographic or photoengraving process.

1.

If the text of a book subject to the manufacturing clause is printed by any lithographic or photoengraving process, then such process must be performed entirely in the United States. (Note: The process commonly known as "offset" or "photo-offset" printing is a lithographic process.)

2.

Where a book subject to the manufacturing clause was first printed from type abroad, and the pages printed abroad are reproduced in the United States by "offset" or other lithographic process, such reproduction may be considered, under the rule of doubt, as complying with the requirement that the lithographic process be performed in the

U. S. the book so reproduced in the United States may be registered in Class A, with a warning letter.

c.

Binding. If a book subject to the manufacturing clause is bound, the binding must be done in the United States.

II.

Partial manufacture in U. S.

a.

Where the text of a book subject to the manufacturing clause is an indivisible un:lt, the entire text must be manufactured in the United States. Where only a portion of the text has been manufactured in the United States, neither the book as a whole nor the portion so manufactured may be registered in Class A.

Examples:

(1)

A 300-page novel in English of which 200 pages are printed in the United States and 100 pages are printed abroad.

(2)

An English-French and French-English dictionary by a United States author, printed partly in the United States and partly abroad.

6-13

Ch. 6
6.2.3

6.2.2

Manufacture in U. S.(cont'd)

II.

Partial manufacture in U. S.(cont'd)

b.

Where a book subject to the manufacturing clause consists of separable component works, some manufactured in the United states and some manufactured abroad (and the binding is done in the United States), a claim limited to the separable works manufactured in the United States may be registered in Class A.

Examples:

(1)

A book by a U. S. author containing a treatise in English printed in the United States and the same treatise in German printed abroad, the claim being limited to the English version.

(2)

Defoe's "Moll Flanders" with its public domain text printed abroad and a new introduction printed in the United States, the claim being limited to the introduction.

(3)

A collection of short stories in English, some by U. S. authors printed in the U. S. and, some by Australian authors printed in Australia, the claim being limited to the works of the U. S. authors.

III.

Limited claims and disclaimers.

a.

Where portions of a work meet the manufacturing requirements and other separable portions do not, it is preferable for the copyright notice on the copies to contain a limiting statement or disclaimer. Example: "© John Doe 1958 in pages 101-432." The same statement should appear on the application.

b.

Where the notice contains no limitation or disclaimer, an application in which the claim is clearly limited may be accepted with a cautionary letter.

6.2.3

Affidavit.

I.

When required. An appropriate affidavit of manufacture in the United States must be submitted as a prerequisite to the registration in Class A of a book subject to the manufacturing clause. It is not required in any other case.

II.

As evidence of U. S. manufacture.

a.

A properly completed affidavit showing compliance with the requirements of U. S. manufacture will usually be accepted as establishing such compliance. But if the Office has other information (e.g., from the transmittal letter, or from a brochure accompanying the deposit copies, or from the imprint in the book) indicating that the book was actually manufactured abroad, the accuracy of the affidavit may be questioned.

b.

If the affidavit or other information shows definitely that the requirements of American manufacture have not been complied with, an application on Form A (for a book subject to the manufacturing clause) must be rejected. But in an appropriate case the Office may then suggest ad interim registration (see Chap. 8).

For example: the affidavit and imprint show that the book was printed in Canada.

III.

Form of affidavit.

a.

The Office will generally require use of the affidavit form on the back of Application Form A. However, in exceptional cases a separate affidavit

containing the required data may be accepted, in which case the application will be annotated to refer to the affidavit.

b.

An incomplete affidavit not signed or notarized will generally be returned to the applicant for completion. If an incomplete affidavit has been signed or notarized, a new affidavit is requested.

IV.

Content. The affidavit form on page 2 of Form A calls for a sworn statement or affirmation of the following facts (17 U.S.C. § 17):

a.

Either that (1) the deposit copies were printed in the U. S. from type set, plates made from type set, or by other process performed in the U. S. or (2) that the text was produced by lithographic or photoengraving process wholly performed in the U. S.

(Note: If the book is mimeographed or typewritten, the form of affidavit on Application Form A may

be revised to state that the copies were "produced" or "mimeographed" or "typed") in the U. S.)

Ch. 6
6.2.3

6-15

6.2.3

Affidavit.(cont'd)

IV.

Content.(cont'd)

b.

If the book is bound in a hard cover, that the binding was done in the U. S.

c.

The name and the city and state (street address not required) of the establishment performing each process; and

d.

The date of the completion-of the printing of the book or the date of publication (see Chap. 3).

V.

Execution.

a.

Venue.

1.

The affidavit should ordinarily state the venue, but an affidavit omitting this statement may be accepted if otherwise in order.

2.

A variance between the statement of venue at the top of the form and that in the jurat or seal may be ignored as long as the two give the same state.

Examples:

(1)

"Baca County, Colorado" in one place, "Yucca County, Colorado" in the other: acceptable.

(2)

"Baca County, Colorado II in one place, "Jasper County, Missouri II in the other: "the Office 'all request a new affidavit.

b.

Affiant.

1.

The affidavit must be made by. (1) the copyright claimant, or (2) his authorized agent residing in the U. S., or (3) the printer.

2.

A mistake or oversight in indicating the capacity of the affiant will not-bar acceptance of the affidavit.

Examples:

(1)

Affiant is the claimant but he has checked the block referring to the agent or printer.

6-16

6.2.3

Affidavit.(cont'd)

V.

Execution.(cont'd)

b.

(cont'd)

Examples: (cont'd)

(2)

Affiant is not the claimant but he has checked that block. Unless the Office is otherwise informed, it will assume he is the authorized agent of the claimant.

(3)

None of the three blocks on the form has been checked but the affidavit has been signed. Unless otherwise informed, the Office will assume that the signature is that of the claimant, the claimant's agent, or the printer.

c.

Signature of affiant.

1.

The affidavit must be signed by the affiant. The signature should preferably be his name in hand writing. However:

(a)

His handwritten initials nay be accepted where they are identifiable With a name given else where in the affidavit or application.

(b)

A mark or rubber-stamped signature may be accepted only if the affidavit states that it represents his signature.

(c)

An illegible handwritten signature may be accepted.

2.

The name of a corporation or other organization is acceptable as the signature of the affiant unless it is accompanied by the signature of an

individual.

Examples:

(1)

"Sturm and Drang Co." is not acceptable.

(2)

"John Callahan, Inc. by John Callahan, President" is acceptable.

6-17

Ch. 6
6.2.4

6.2.3

Affidavit.(cont'd)

V.

Execution.(cont'd)

d.

Date of execution. The affidavit must ordinarily give the date of its execution. The date of execution must not be earlier than the date of publication or completion of printing stated in the affidavit; if it is, a new affidavit will be requested.

e.

Signature of notary. The jurat must be signed by a notary or by some other officer authorized to administer oaths in the United States.

f.

Expiration of notary's commission. An affidavit without the date of expiration of the notary's commission may be accepted, even though the state law may require that date. The date of expiration, if given, must not be earlier than the date of execution.

g.

Seal. A seal is required only when the state law requires it. The Examining Division maintains a list of states requiring the seal.

(Note: The Examining Division list also includes other formalities required in certain states. Compliance with these other formalities is not required, but if it is necessary to request a new application such compliance may be suggested.)

h.

Certificate of notary's commission. The Office does not require such a certificate even though the state law may provide for it. If such a certificate is attached to the affidavit, it will be detached and filed separately, and the affidavit will be annotated to refer to it.

6.2.4

Illustrations in books. Where a book subject to the manufacturing clause contains illustrations produced by lithographic or photoengraving process, such illustrations (it not within an excepted category) must also be manufactured in the United States to be registrable. (See Part 6.4.)

Part 6.3 PERIODICALS

6.3.1

Periodicals subject to manufacturing clause.

I.

In general. To be registrable in Class B (except as noted in the following paragraph II), the text of any periodical must be manufactured in the U. S. When:

a.

The text is in the English language, or

b.

Regardless of the language, the author (that is, generally, the publisher) is a citizen of or domiciled in the U. S.

II.

Exceptions to general rule. Manufacture in the U. S. is not required for the registration of periodicals in the following instances:

a.

Periodicals in raised characters for the blind (such as Braille).

b.

Periodicals, "of foreign origin in a language or languages other than English" -- that is, foreign language periodicals of foreign publishers. Note: a periodical published by a U. S. citizen or domiciliary is not regarded as a work "of foreign origin." (See topic 6.2.1.III.)

c.

English-language periodicals manufactured and first published abroad, for which ad interim copyright protection is being sought. (See topic 6.1.2 and Chapter 8.)

d.

Periodicals in any language by nationals of foreign U.C.C. countries, first published outside the United States with the U.C.C. notice specified in 9(c). (See Chapter 8.)

e.

Periodicals in any language by foreign authors, first published in a U.C.C. country with the U.C.C. notice specified in § 9(c). (See Chapter 8.)

6.3.2

Book rules applicable. Except as indicated in the following topic 6.3.3, the rules stated in topics 6.2.1 and 6.2.2 regarding the text of books are applicable generally to the text of periodicals.

I.

Evidence of U. S. manufacture. No affidavit is required for registration of a periodical in Class B. Instead, if any portion of a periodical was manufactured outside the United States, Form B requires a statement of this fact.

II.

Binding. If a periodical is bound, the place of binding does not affect the registrability of the work.

III.

Illustrations. The place of manufacture of the illustrations in a periodical, even though they are lithographs or photoengravings, is not considered in determining the registrability of a work.

Ch. 6
6.4.1

6-20

Pert 6.4 LITHOGRAPHS AND PHOTOENGRAVINGS

6.4.1

When subject to manufacturing clause.

I.

General rule and exceptions. As a general rule, a lithograph or photoengraving, either as an illustration in a book of text (see topic 6.4.2) or as a separate work (see topic 6.4.3) must be manufactured in the United States in order to be registrable. Exceptions:

a.

A lithograph or photoengraving which represents a subject located abroad and which illustrates a scientific work or reproduces a work of art need not be manufactured in the United States, and may be registered regardless of where it was manufactured. (see topic 6.4.1.,III.)

b.

Where the author of a lithograph or photoengraving first published abroad is the citizen of a foreign country party to the U.C.C., or where the lithograph or photo engraving was first published in a foreign. U.C.C. country and the author is neither a U.S. citizen nor domiciliary, the work is exempted from the manufacturing requirements if it bears the special U.C.C. copyright notice prescribed in § 9(0). (see Chapter 8)

II.

Pictorial or graphic works not included.

a.

Those produced by other processes. Pictorial or graphic works produced abroad by a process not technically a lithographic or photoengraving process may be registered.

Examples:

(1)

Photogravures, rotograwres, etchings, line engravings, mezotints, wood cuts, drypoints, aquatints, collotypes, and works produced by stipple and crayon ensraving, etc.

(2)

Photographs.

(3)

Band drawings or paintings.

b.

Illustrations in works other than books. Lithographs or photengravings which are neither illustrations in a work classified as a book nor separate works are not considered subject to the manufacturing requirements. Thus, where a work to be registered in a class other than A (e.g., a periodical, a drama, or a musical composition) containing lithographs or

photoengraving as 1llustrations, they may be included as equipment parts of the work registered (in class B, D, or E), regardless of where the were manufactured.

III.

Statutory exceptions.

a.

In general. Lithographs end photoengravings, whether published separately or in books, are exempted from the manufacturing requirements if "the subjects represented are located in a foreign country and illustrate a scientific work or reproduce a work of art" (§ 16). This provision means that a lithograph or photoengraving is exempted from the manufacturing requirements if:

1.

The lithograph or photoengraving represents a "subject" that is "located" in a foreign country, and

2.

The lithograph or photoengraving is either (a) an illustration published as part of a "scientific work," or (b) a reproduction of

a "work of art."

b.

Scope of the exemptions.

1.

The "subject represented." The subject which must be located abroad may be either:

(a)

The actual thing shown in the picture (e.g., a real person or thing, such as

Winston Churchill, the Eiffel Tower, or Mont Blanc), or

(b)

The pictorial or graphic work which is reproduced in the lithograph or photo engraving (e. g., a German anatomical drawing, a painting in the Louvre).

2.

"Located in a foreign country."

(a)

The "subject" is "located in a foreign country" when:

(1)

The actual "subject" was in existence in a foreign country at the time the graphic or artistic work depicting it was prepared (e.g., Westminster Abbey, shown in a drawing; an African elephant, shown in a photograph reproduced in a scientific textbook); or

Ch. 6
6.4.1

6-22

6.4.1

When subject to manufacturing cluase.(cont'd)

III.

Statutory exceptions.

b.

(cont'd)

2.

(cont'd)

(a)

(cont'd)

(2)

The pictorial or graphic work which is reproduced in the lithograph of photo engraving was permanently located in a foreign country at the time the lithograph or photoengraving was prepared (e.g., a painting in the Louvre; illustrations of DAVID COPPERFIELD prepared and reproduced in England).

(b)

A "subject" is not "located in a foreign country" simply because it has been transported there from the Unit0d States for the purpose of being reproduced.

Examples:

(1)

A painting located permanently in an American gallery (even though by a foreign artist)

(2)

Sketches created in the United States for the purpose of reproduction as illustrations in a book

3.

Illustration of a scientific work. A lithograph or photoengraving "illustrates a scientific work" if it is an illustration published in a book or similar work dealing with a scientific subject, or if the lithograph or photoengraving itself depicts a scientific subject.

Examples:

(1.)

Lithographic reproductions of anatomical drawings by a physician in Germany, published as separate wall charts

Examples:

(2)

A photoengraving of the Taj Mahal in a book on architecture

(3)

Lithographic reproductions of photographs of native villages in the Belgian Congo, illustrating a treatise on anthropology

4.

Reproduction of a work of art.

(a)

A lithograph or photoengraving "reproduces a work of art" when the lithograph or photo

engraving was prepared as a reproduction of an already-existing artistic, graphic, or pictorial work.

Examples:

(1)

Lithographic reproductions of paintings in the Louvre, or of statuary in Rome

(2)

Photoengravings reproducing drawings of scenes in London

(b)

A lithograph or photoengraving which reproduces a work of art located abroad need not be manufactured in the United States, even though the work of art was created abroad for the sole purpose of such reproduction.

Examples are lithographs or photoengravings reproducing:

(1)

Drawings/made in England to illustrate a special edition of Dickens' works

(2)

Paintings of Christmas symbols made in Germany for greeting cards

Ch. 6
6.4.2

6-24

6.4.2

Illustrations in books.

I.

Where book is subject to manufacturing clause. Where the text of a book is subject to the requirement of U. S. manufacture (see topic 6.2.1), lithographs or photoengravings illustrating the book must also be manufactured in the U. S. unless they come within the statutory exceptions noted in topic 6.4.1, III.

II.

Where book is not subject to manufacturing clause. Where the text of a book is not required to be manufactured in the U. S., the illustrations in the book need not be manufactured in the U. S.

Examples:

(1)

Illustrations in a book by a foreign author in a foreign language (see topic 6.2.1, III) may be included as part of the work registered on Form A-B Foreign, regardless of where they were manufactured.

(2)

Illustrations in a book of dramas or a book of music (see topic 6.2.1, II) may be included as part of the work registered in Class D or E, regardless of where they were manufactured.

III.

Where text is in public domain. Where the entire text of a book is in the public domain, with illustrations as the only new matter, the illustrations are treated as separate works. (See topic 6.4.3.)

IV.

Separability of text and illustrations. The text and illustrations in a book may be treated as separable works. Thus:

a.

Where both are required to be manufactured in the U. S.:

1.

If the text was manufactured in the U. S. but ,the illustrations were manufactured abroad, a claim limited to the text alone may be registered in Class A.

2.

If the illustrations were manufactured in the U. S. but the text was manufactured abroad, a claim limited to the illustrations alone may be registered in the appropriate Class F-K.

b.

Where the illustrations in a book are not required to be manufactured in the U.S. (e. g ., lithographs or photoengravings illustrating scientitic works, lithographic reproductions of works of art located abroad, or wood cuts):

1.

A claim limited to the illustrations alone may be registered in the appropriate Class F-K, even though the text and illustrations were both manufactured abroad.

2.

If the book is registered ad interim, the illustrations ay be registered separately in the appropriate Class F-K.

c.

Limited claims and disclaimers. See topic 6.2.2 III.

6.4.3

Separate lithographs and photoengravings.

I.

In general. Lithographs or photoengravings, to be registrable as separate works in Classes F-K, must be manufactured 1n the U.S. unless they come within the statutory exceptions noted in topic 6.4.1, III.

II.

Illustrations in books as separate works. The illustrations in a book may be treated as separate works (see topic 6.4.2, IV).

III.

Collection of pictorial works. A number of lithographs or photoengravings published together in book form (with only brief incidental text or none) may be a collection of separate works. Thus:

a.

For registration of the entire collection as a whole in an appropriate Class F-K, each lithograph or photo-engraving must be manufactured in the United States or must be within the statutory exceptions noted in

topic 6.4.1, III.

b.

If any of the lithographs or photoengravings in the collection is not within the statutory exceptions and has been manufactured abroad, a claim limited to the other works in the collection (those manufactured in the U.S. and those within the exceptions) may be registered in an appropriate Class F-K.

Ch. 6
6.4.4

6-26

6.4.4

Evidence of registrability.

I.

As to illustrations in books. Where an appropriate affidavit of U. S. manufacture (see topic 6.2.3) is submitted with a Form A application for a book of text and illustrations:

a.

No separate statement regarding manufacture of the illustrations is required. It will be assumed, unless the Office is otherwise informed, that registration of the book may include the illustrations.

b.

If the Office has information indicating that the illustrations are lithographs or photoengravings produced abroad, it will seek to determine whether they are in a category excepted from the manufacturing requirement (see topic 6.4.1, III). If so excepted, the registration of the book may include the illustrations. If not excepted, it may suggest that the application be limited to the text.

I.

As to separate pictorial works.

a.

Unless the application indicates, or the Office is otherwise informed, that a pictorial work is a lithograph or photoengraving produced abroad, it will be assumed that registration of the pictorial work is not barred by the manufacturing clause.

b.

When the Office is informed, by the application or otherwise, that a pictorial work is a lithograph or photoengraving produced abroad, it will seek to determine whether it is in a category excepted from the manufacturing requirement (see topic 6.4.1, III). If so excepted, it may be registered in an appropriate Class F-K. If not so excepted, it is not registrable.