differences from the object depicted. The copyright law protects models if there are distinguishable, creative differences in shape, line, perspective, or details between the model and the depicted object. The amount of effort, time, monetary expense, technical skill, or craft that the author contributed to the model is irrelevant to this determination. The complexity of the depicted object is also irrelevant. A model of a relatively simple object may be copyrightable if the author exercised sufficient creativity in rendering that object as a model. However, the Office will not register a model simply because it depicts an object that is extremely complex.
The copyright law does not protect models that are exact copies of the source work, regardless of how much skill or labor was involved in creating the replica. Merely reducing or enlarging the size of the source work or producing the source work in a new medium is not sufficient to warrant copyright protection. Likewise, the copyright law does not protect models if the differences between the model and the source work were dictated by manufacturing or material requirements.
919.2 Application Tips for Models
To register a three-dimensional model or a model containing a combination of two- and three-dimensional authorship, the applicant should describe the work as a "sculpture" in the Author Created field (when completing an online application] or in the Nature of Authorship space (when completing a paper application using Form VA).
Applicants may use the term "reproduction of work of art" to describe a model that is a three-dimensional interpretation of a preexisting work of art, such as a three- dimensional model of the Mona Lisa. If the model is an original, sculptural interpretation of an uncopyrightable object that is not a work of art, such as a truck, a train, or the letter "G," applicants should use the term "sculpture" rather than the term "reproduction of work of art."
In addition, applicants are strongly encouraged to provide a clear description of the creative authorship that the author contributed to the model using specific terms that distinguish the model from the object depicted. This information may be provided in the Note to Copyright Office field or in a cover letter. Doing so may avoid the need for correspondence that could delay the examination of the application.
If the work described in the application is a model of a work that is protected by copyright, the applicant should describe the new material that the author contributed to the model and should exclude the preexisting material from the claim in the appropriate fields or spaces of the application. For guidance in completing this portion of the application, see Chapter 600, Section 621.8. Such statements are encouraged, but not required, if the work described in the application is a model of an uncopyrightable object.
920 Patterns, Stencils, and How-To Books
Pattern books contain specific instructions on how to make various items, such as knitwear and toys, while how-to books typically contain instructions on how to perform various techniques. Stencils provide outlines and shapes that may be used for other purposes, such as a stencil of leaves that may be used for painting a border on a wall.
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