- A claim based on a mechanical weaving process that randomly produces irregular shapes in the fabric without any discernible pattern.
313.3 Works That Do Not Constitute Copyrightable Subject Matter
As discussed in Section 307 above, a work of authorship may be registered, provided that it falls within one or more of the categories of works set forth in Section 102(a) of the Copyright Act. In other words, a work may be eligible for copyright protection if it qualifies as a literary work; a musical work; a dramatic work; a pantomime; a choreographic work; a pictorial, graphic, or sculptural work; a motion picture or other audiovisual work; a sound recording; or an architectural work. Works that do not fall within the existing categories of copyrightable subject matter are not copyrightable and cannot be registered with the U.S. Copyright Office. See Registration of Claims to Copyright, 77 Fed. Reg. 37,605, 37,607 (June 22, 2012) (“Congress did not delegate authority to the courts [or the Copyright Office] to create new categories of authorship. Congress reserved this option for itself.”).
313.3(A) Ideas, Procedures, Processes, Systems, Methods of Operation, Concepts, Principles, or Discoveries
Section 102(b) of the Copyright Act expressly excludes copyright protection for “any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.” 17 U.S.C. § 102(b); see also 37 C.F.R. § 202.1(b). As such, any work or portion of a work that is an idea, procedure, process, system, method of operation, concept, principle, or discovery does not constitute copyrightable subject matter and cannot be registered.
Examples:
- The idea or concept for a work of authorship.
- The idea for a character.
- Ideas, procedures, processes, or methods for doing, making, or building things.
- Scientific or technical methods or discoveries.
- Business operations or procedures.
- Mathematical principles, formulas, algorithms, or equations.
- DNA sequences and other genetic, biological, or chemical substances or compounds, regardless of whether they are man-made or produced by nature.
