material. The Literary Division may accept a claim in “text” if the work contains a sufficient amount of written or editorial expression, or a claim in “artwork” and/or “photograph(s)” if the work contains a sufficient amount of pictorial or graphic expression. When completing an online application, this information should be provided in the Author Created field, and if applicable, also in the New Material Included field. When completing a paper application on Form TX, this information should be provided in space 2, and if applicable, also in space 6(b). For guidance on completing these portions of the application, see Chapter 600, Sections 618.4 and 621.8.
A registration for a cookbook covers the instructional text that appears in the work, as well as any photographs or illustrations that are owned by the copyright claimant. However, the registration does not cover the list of ingredients that appear in each recipe. Likewise, a registration for a cookbook or other instructional work does not cover the activities described in the work, because procedures, processes, or methods of operation are not subject to copyright protection. See 17 U.S.C. § 102(b); 37 C.F.R. § 202.1(a); see also Policy Decision on Copyrightability of Digitized Typefaces, 53 Fed. Reg. 38,110, 38,112 (Sept. 29, 1988) (“[T]he explanation and illustration of recipes is copyrightable even though the end result – the food product – is not.”). The registration specialist may communicate with the applicant or may refuse registration if the applicant appears to be asserting a claim to copyright in a particular activity or a list of ingredients, if the work merely illustrates the specific hand or body movements for performing a particular activity, or if the instructions, taken as a whole, are de minimis.
Examples:
- Jules Kinder submits an application to register a cookbook titled Pie in the Sky. In the Author Created field, the applicant asserts a claim in “text, photographs, and compilation of ingredients.” Each recipe contains a list of ingredients, instructions for making a pie, and a photograph of the finished product. The registration specialist will communicate with the applicant. The claim in text and photographs is acceptable, but the claim in compilation is not, because the applicant appears to be asserting a claim in a mere listing of ingredients.
- Martha Custer submits an application to register a set of basic instructions for knitting a sweater. In the Author Created field, she checks the box for “text.” There are dozens of steps in the process, and the instruction for each step is one sentence long. The registration specialist will register the claim, because the instructional text, taken as a whole, contains a sufficient amount of expression to support a registration.
- The Abigail Adams Co. submits an application to register a set of basic instructions for crocheting a scarf. In the Author Created field, the applicant asserts a claim in “text, photographs, and artwork.” The work contains illustrations, photographs, patterns, and other artwork, but the instructional text is extremely basic, abbreviated,
