313.4(D) Works Consisting Entirely of Information That Is Common Property
The U.S. Copyright Office cannot register works consisting entirely of information that is common property because such works contain no original authorship. 37 C.F.R. § 202.1(d). Examples of common property include, without limitation, standard calendars, schedules of sporting events, and lists or tables taken from public documents or other common sources. Id. For the same reasons, the Office cannot register a claim in common sayings, diatonic and chromatic musical scales, or common chord progressions that merely consist of standard harmonies or common musical phrases.
313.4(E) Measuring and Computing Devices
The U.S. Copyright Office cannot register devices and other useful articles that are designed for computing or measuring. See 37 C.F.R. § 202.1(d). Examples of such devices include, without limitation, height and weight charts, tape measures and rulers, calculators, and thermometers.
Although measuring and computing devices are not copyrightable, the Office may register pictorial, graphic, or sculptural features that have been applied to a device, but only if those features are physically or conceptually separable from its utilitarian function. For example, a drawing that appears on the surface of a height and weight chart or a fanciful graphic that appears on the surface of a thermometer may be registered if these pictorial or graphic features contain a sufficient amount of creative expression.
For a general discussion of useful articles, see Chapter 900, Section 924.
313.4(F) Mere Listing of Ingredients or Contents
A mere listing of ingredients or contents is not copyrightable and cannot be registered with the U.S. Copyright Office. 37 C.F.R. § 202.1(a).
Examples:
- A list of ingredients for a recipe.
- A list of components for a formula, compound, prescription, or the like.
- A list of musical tracks contained in a compact disc.
- A product label that merely lists the ingredients for the product, merely describes the product, or merely describes the contents of the product packaging.
The Office may register a work that explains how to perform a particular activity, such as a cookbook or user manual, provided that the work contains a sufficient amount of text, photographs, artwork, or other copyrightable expression. However, the registration does not extend to any list of ingredients or contents that may be included in the work. See Publications International v. Meredith Corp., 88 F.3d 473, 480 (7th Cir.
