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2.8.2

Classification of works of art(cont'd)

I.

Nature the material(cont'd)

e.

Work of of art and text combined (cont'd)

1.

Published works. If the textual mate­rial in a work predominates, or if the principal copyrightable element is textual, registration in Class A may be more appropriate (See Part 2.2), or, under certain circumstances, in Class B on Form BB (See topics 2.3.4.11 and 2.8.2.I.d.)

2.

Unpublished works.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 Generally, unpublished textual material (except captions and incidental text) should be separated from the copy deposited, wherever possible, and returned to the appli­cant. Unpublished textual material

is ordinarily not entitled to copy­ right registration. However, works prepared for oral delivery and dramas are exceptions. (See Parts 2.4 and 2.5.)

f.

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 Class G is the appropriate category for the registration of claims to copyright in both published and unpublished three-dimensional works of art containing a substantial amount of original sculpture.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

[1973]