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Compendium of U.S. Copyright Office Practices, Third Edition

313.5 Specific Types of Works That May Contain Uncopyrightable Material

The U.S. Copyright Office has adopted policies regarding the copyrightability of specific types of literary works, works of the performing arts, and works of the visual arts.

For information concerning literary works that may be or may contain uncopyrightable material, see Chapter 700, Sections 707.1 (Numbers), 707.2 (Research), and 707.3 (Book Design).

For information concerning works of the performing arts that may be or may contain uncopyrightable material, see Chapter 800:

  • Common properly musical scales and arpeggios (Section 802.5(A)).
  • Sound recordings fixed prior to February 15, 1972 (Section 803.5(D)).
  • Social dances, simple routines, and other uncopyrightable movements (Sections 805.5(B) and 806.5(B)).

For information concerning works of the visual arts that may be or may contain uncopyrightable material, see Chapter 900:

  • Geometric figures and shapes (Section 906.1).
  • X-rays, MRI scans, and other medical imaging (Section 924.3(D)).
  • Bridges, canals, dams, tents, mobile homes, and other uncopyrightable structures (Section 923.2).
  • Interior design and landscape design (Section 923.2).
  • Useful articles (Section 924).

313.6 Other Types of Works That Cannot Be Registered with the U.S. Copyright Office

313.6(A) Foreign Works That Are Not Eligible for Copyright Protection in the United States

As discussed in Section 304, a work of authorship may be registered, provided that it is eligible for copyright protection in the United States under Sections 104(a) or 104(b) of the Copyright Act. Works that do not satisfy these requirements are not protected by U.S. copyright law and cannot be registered with the U.S. Copyright Office. For more information concerning these requirements, see Chapter 2000, Section 2003.

313.6(B) Unlawful Use of Preexisting Material in a Derivative Work, a Compilation, or a Collective Work

Some derivative works, compilations, and collective works cannot be registered with the U.S. Copyright Office. Section 103(a) of the statute states that copyright protection for a


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12/22/2014