applicant for details concerning the nature of changes that have been made. The specialist will refuse all claims where the author merely restored the source work to its original or previous content or quality without adding substantial new authorship that was not present in the original.
The specialist may register a claim in a restored or retouched photograph if the author added a substantial amount of new content, such as recreating missing parts of the photograph or using airbrushing techniques to change the image. As a general rule, applicants should use terms such as "photograph" or "2-D artwork" to describe this type of authorship, and should avoid using terms such as "digital editing," "touchup," "scanned," "digitized," or "restored."
Examples:
• Sarah Smith discovers a box of old family photographs in her great- grandmother's attic. She scans them into her computer and uses software that automatically smoothens the creases in the images. Sarah files an application to register the altered photographs. The registration specialist will refuse to register these works, because the use of automated software to smooth preexisting photographs was de minimis.
• Dave Daniel submits an application claiming "photograph and two- dimensional artwork." The registration specialist asks Dave to clarify the nature of the two-dimensional artwork that he contributed to this work. Dave explains that he took a photograph and then digitally touched up several parts of his image. He also explains that he improved the color, tone, and temper; removed noise imperfections inherent in the film; and adjusted aspects to balance the photograph. The specialist will register the claim in the "photograph," because this term accurately describes the photograph and the authorship involved in editing the original image. The specialist will ask for permission to remove the claim in "two-dimensional artwork" because the work contains no additional artwork aside from the photograph itself.
910 Games
Games often include both copyrightable and uncopyrightable elements. The copyrightable elements of a game may include text, artwork, sound recordings, and/or audiovisual material. These elements may be protectable if they contain a sufficient amount of original authorship. Uncopyrightable elements include the underlying ideas for a game and the methods for playing and scoring a game. These elements cannot be registered, regardless of how unique, clever, or fun they may be.
When completing an application for this type of work, applicants should describe the specific elements of the game that the applicant intends to register, such as the text, the artwork on a playing board, and/ or the original sculptural elements of game pieces. Applicants should not assert a claim in "game" or "game design," because it is generally
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12/22/2014
