glass, spooky-fog, and weathered-and-worn), while potentially separable, is de minimis and not sufficient to support a registration.
The Office may register a computer program that creates or uses certain typeface or typefont designs, but the registration covers only the source code that generates these designs, not the typeface, typefont, lettering, or calligraphy itself. For a general discussion of computer programs that generate typeface designs, see Chapter 700, Section 723.
To register the copyrightable ornamentation in typeface, typefont, lettering, or calligraphy, the applicant should describe the surface decoration or other ornamentation and should explain how it is separable from the typeface characters. The applicant should avoid using unclear terms, such as "typeface," "type," "font," "letters," "lettering," or similar terms.
906.5 Spatial Format and Layout Design
As a general rule, the U.S. Copyright Office will not accept vague claims in "format" or "layout." The general layout or format of a book, a page, a website, a webpage, a poster, a form, etc., is not copyrightable, because it is merely a template for expression and does not constitute original expression in and of itself. If the applicant uses the terms "layout" and/or "format" in the application, the registration specialist will communicate with the applicant to clarify the claim. Copyright protection may be available for the author's original selection and/or arrangement of specific content if it is sufficiently creative, but the copyright does not extend to the organization without that particular content.
Examples:
• Loretta Leonard published a series of books on bird watching. Each book has a two-inch right margin and a half-inch left margin, with the text appearing in two columns of differing lengths. Loretta submits an application to register the template for this layout. The registration specialist will refuse to register this claim because the layout of these books does not contain a sufficient amount of originality to be protected by copyright law.
• Fred Foster publishes a one-page newsletter titled Condo Living that provides information for residents of his condominium complex. Each issue contains the name of the newsletter, a drawing of the sun rising over the complex, two columns reserved for text, and a box underneath the columns reserved for photographs. Fred attempts to register the layout for his newsletter. The registration specialist will reject the claim in layout, but may register the illustration if it is sufficiently creative.
906.6 Mechanical Processes and Random Selection
The copyright law only protects works of authorship that are created by human beings. Works made through purely mechanical processes or with an automated selection and arrangement are not eligible for copyright protection. The U.S. Copyright Office will
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