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2.8.3

Registration requirements(cont'd)

I.

Copyrightable subject-matter(cont'd)

b.

Sculptural material(cont'd)

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.

1.

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

[1973]