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2.8.3

Registration reguirements(cont'd)

I.

Copyrightable subject-matter(cont'd)

d.

Utilitarian articles(cont'd)

1.

Attractiveness of design(cont'd)

household appliances, (4) bottles and food containers, (5) kitchen utensils, (6) articles of clothing, (7) machinery, and (8) tools and implements.

2.

Availability of protection under design patent law. A useful article may be accepted or registration as a work of art, even though it may also be entitled to protection under the design patent law. (See Title 35,

United States Code.) However, a copyright claim in the drawings or other pictorial material submitted in connection with a patent applica­tion is not entitled to registration after the patent has been issued. (See sections 202.10(b) and 202.10Cc) of the Regulations of the Copyright Office.)

II.

Formalities of registration

a.

Deposit of copy or copies

1.

Published textiles and lace. The requirement that both copies com­prising a deposit must be identical may present special problems in cases where the copyrighted work consists of a repetitive design

[1973]