COPYRIGHT OFFICE PRACTICES
2-287
Ch. 2.8
2.8.3
2.8.3
2.8.3
Registration requirements
I.
Copyrightable subject-matter. To be entitled to copyright protection, a work of art must contain an appreciable amount of original pictorial, graphic, or sculptural material. If a work of art consists entirely of uncopyrightable elements, registration is not authorized. On the other hand, the mere presence of uncopyrightable elements in a work will not prevent registration on the basis of features susceptible of protection under the statute. Thus, an abstract design may be registrable even though it incorporates uncopyrightable standard geometric forms, such as circles and squares. The copyright ability of a work of art does not depend upon artistic merit or aesthetic evaluation. For example, a child's drawing may exhibit a very low level of draftsman ship as judged by adult standards and yet be entitled to registration as a work of art. Similarly, it is not necessary that a work of art adhere to established aesthetic criteria. Hence, the form of a copyrightable work of art may be representational or abstract, naturalistic or stylized. It may express a traditional theme in a conventional manner, or it may rely for its effect upon fantastic or incongruous imagery and unnatural juxtapositions or combinations. Regardless of form, however, nothing is entitled to statutory protection as a work of art unless it can be considered the "writing of an author" within the meaning of the United States Constitution and the Statute.
a.
Pictorial or graphic material. Class G is appropriate for the registration of
[1973]
