registrable derivative authorship. The basic requirement is that the work must be embodied in some form that allows the work to be "perceived, reproduced, or otherwise communicated for a period of more than a transitory duration." 17 U.S.C. § 101 (definition of "fixed"). The U.S. Copyright Office will register visual art works that are embodied in a wide variety of forms, including:
• Canvas.
• Paper.
• Clay.
• Stone.
• Metal.
• Prints.
• Collages.
• Photographic film.
• Digital files.
• Holograms and individual slides.
• Art reproductions.
• Diagrams, patterns, and models.
• Constructed buildings or models depicting an architectural work.
This is not an exhaustive list and the Office will consider other forms of embodiment on a case-by-case basis. In particular, architectural works do not have to be constructed to be eligible for copyright protection.
While most visual art works are fixed by their very nature (e.g., a sculpture, a painting, or a drawing), there are some works that may not be sufficiently fixed to warrant registration. Specifically, the Office cannot register a work created in a medium that is not intended to exist for more than a transitory period, or in a medium that is constantly changing.
Most visual art works satisfy the fixation requirement, because the deposit copy(ies) or identifying material submitted with the application usually indicate that the work is capable of being perceived for more than a transitory duration. However, the fact that uncopyrightable material has been fixed through reproduction does not make the underlying material copyrightable. For example, a photograph of a fireworks display may be a copyrightable fixation of the photographic image, but the fireworks themselves do not constitute copyrightable subject matter. Similarly, a textual description of the
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