903.1 Pictorial, Graphic, and Sculptural Works
The most common types of visual art works are pictorial, graphic, and sculptural works. These types of works include:
• Fine art [e.g., painting and sculpture).
• Graphic art.
• Applied art [e.g., art applied to an article).
• Photographs.
• Prints and art reproductions.
• Maps, globes, and other cartographic materials.
• Charts and Diagrams.
• Models.
• Technical drawings, including architectural plans.
• Works of artistic craftsmanship [e.g., textiles, jewelry, glassware, table service patterns, wall plaques, toys, dolls, stuffed toy animals, models, and the separable artistic features of two dimensional and three dimensional useful articles).
17 U.S.C. § 101 (definition of "pictorial, graphic, and sculptural works"). For information concerning specific types of pictorial, graphic, and sculptural works, see Sections 908 through 923.
Congress made it clear that pictorial, graphic, and sculptural works are subject to an important limitation, namely that useful articles and functional elements of pictorial, graphic, and sculptural works are not copyrightable unless they are physically or conceptually separable from the functional or useful elements of the work. For a definition and discussion of "useful articles," see Section 924.
903.2 Architectural Works
The Copyright Act protects certain architectural works, which are defined as "the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings." 17 U.S.C. § 101. An architectural work "includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features." Id. For detailed information concerning architectural works, see Section 923.
904 Fixation of Visual Art Works
A visual art work must be "fixed" in a "tangible medium of expression" to be eligible for copyright protection. 17 U.S.C. § 102(a). The authorship may be new or may consist of
Chapter 900 : 6
12/22/2014
