- An application is submitted for a book containing text, but no illustrations. The applicant asserts a claim in “text, design.” The term “design” suggests that the applicant is attempting to register the overall format, layout, or appearance of the pages in the book. The registration specialist may ask the applicant for permission to remove the term “design” or may register the claim with an annotation, such as: “Regarding author information: layout and format not copyrightable. Compendium 313.3(E).”
If the applicant appears to be using the term “design” to assert a claim in a useful article, a typeface, mere variations of typographic ornamentation, or other de minimis or uncopyrightable material, the specialist will communicate with the applicant. If the work does not contain a sufficient amount of copyrightable authorship, the specialist will refuse registration.
Examples:
- An application is submitted for a bowl with a flower painted on the surface. The applicant asserts a claim in “pottery design.” The term “design” suggests that the applicant is asserting a claim in the shape of the bowl, rather than the image of the flower. The registration specialist will ask the applicant for permission to remove this term from the application and replace it with an appropriate authorship statement, such as “2-D artwork.”
- An application is submitted for a book containing text and photographs explaining how to knit hats. The applicant asserts a claim in “knitting designs.” The term “design” suggests that the applicant is asserting a claim in the hats themselves, rather than the text and photographs. The registration specialist will ask the applicant for permission to remove this term from the application and replace it with an appropriate authorship statement, such as “text, photographs.”
- An application is submitted for a motion picture. The applicant asserts a claim in “script, direction, cinematography, and title design.” The registration specialist will ask for permission to remove the term “title design” because it suggests that the applicant is asserting a claim in typeface or typographic ornamentation.
618.8(A)(2) Game
As a general rule, “text” should be used to describe the copyrightable authorship in a literary work, and “2-D artwork” or “sculpture” should be used to describe the copyrightable authorship in a pictorial, graphic, or sculptural work. To describe the copyrightable authorship in a videogame, the applicant should use the term “audiovisual material” or “computer program” depending upon what is being registered. For information concerning the practices and procedures for registering videogames, see Chapter 800, Section 807.7(A).
