Page:Compendium of US Copyright Office Practices (1973).pdf/77

2.8.3

Registration requirements(cont'd)

I.

Copyrightable subject-matter(cont'd)

d.

Utilitarian articles. The copyrightabil­ity of a work of art is not affected by the fact that the work may also embody utilitarian features, or that it may it­self be embodied in an article of utility. In all cases, registration must be based upon those copyrightable features such as artistic sculpture, carving, or pic­torial representation which can be identified separately and are capable of existing independently as a work of art, as for example: (1) a statuette used as a base for a table lamp, (2) an original painting reproduced on a porcelain dinner plate, (3) a sculptured figure used as a handle for a letter opener. (4) an artistic design reproduced on textile fabric, or (5) a stained glass window.

1.

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

[1973]