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2.11.3

Registration reguirements(cont'd)

I

Copyrightable subject-matter(cont'd)

from the operation of mechanical or photo­ mechancial processes. (See topic 2.11.3.I.d.)

NOTE: The copyrightabi1ity of a photograph depends upon the variety and extent of elements involved in its composition and not upon the nature of the thing depicted or the subject photographed.

a.

Photographic composition. Original photographic composition capable of sup­porting registration in Class J may involve a variety of elements, such as, time and light exposure, camera angle, arrangement or disposition of persons, scenery, or other subjects depicted in the photograph. The copyright ability of photographic composition does not depend upon artistic merit or aesthetic evaluation.

1.

Minimal standards. Although the copyrightability of photographic material is not determined by qualitative or aesthetic standards, a certain mini­mal amount of original creative authorship is essential for registration in Class J or in any other class. The mechanical, photomechan­ical, or other processes involved in the production of a photograph, are not themselves capable of supporting registration in Class J.

b.

The subject of the photograph. Regis­tration of claims to copyright in published or unpublished photographs does

[1973]