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Chapter 900 
Visual Art Works 
     
What This Chapter Covers .............................................................................................................................................. 4 
Visual Arts Division ........................................................................................................................................................... 5 
What Is a Visual Art Work? ............................................................................................................................................ 5 
1  Pictorial, Graphic, and Sculptural Works .................................................................................................................. 5 
2  Architectural Works ......................................................................................................................................................... 6 
Fixation of Visual Art Works ......................................................................................................................................... 6 
Copyrightable Authorship in Visual Art Works ..................................................................................................... 7 
Uncopyrightable Material ............................................................................................................................................... 8 
1  Common Geometric Shapes ........................................................................................................................................... 9 
2  Familiar Symbols and Designs ................................................................................................................................... 10 
3  Colors, Coloring, and Coloration ............................................................................................................................... 11 
4  Typeface, Typefont, Lettering, Calligraphy, and Typographic Ornamentation....................................... 12 
5  Spatial Format and Layout Design ........................................................................................................................... 14 
6  Blank Forms ...................................................................................................................................................................... 14 
7  Naturally Occurring and Discovered Material ..................................................................................................... 15 
8  Mechanical Processes and Random Selection ..................................................................................................... 16 
9  Measuring and Computing Devices ......................................................................................................................... 16 
10  Useful Articles and the Mechanical or Utilitarian Aspects of Works of Artistic Craftsmanship ....... 17 
Derivative Visual Art Works ....................................................................................................................................... 17 
1  Copyrightable Authorship in Derivative Works ................................................................................................. 17 
2  Permission to Use Preexisting Material ................................................................................................................. 18 
Jewelry Designs ............................................................................................................................................................... 19 
1  What Is Jewelry?.............................................................................................................................................................. 19 
2  Copyrightable Authorship in Jewelry...................................................................................................................... 19 
3  Application Tips for Jewelry ....................................................................................................................................... 20 
Photographic Works ...................................................................................................................................................... 21 
1  Copyrightable Authorship in Photographs ........................................................................................................... 21 

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2  Subject Matter of Photographs .................................................................................................................................. 21 
3  Uncopyrightable Material ............................................................................................................................................ 22 
3(A)  Photographic Reproductions, Digital Copying, and Digital Restoration.................................................... 22 
3(B)  X-Rays, Medical Imaging, and Non-Medical Echo Sonography ..................................................................... 23 
Games, Toys, Dolls, Stuffed Animals, and Puppets ............................................................................................. 25 
Characters .......................................................................................................................................................................... 27 
Cartoons, Comic Strips, and Comic Books ............................................................................................................. 28 
Prints ................................................................................................................................................................................... 29 
Trademarks, Logos, and Labels ................................................................................................................................. 30 
1  Copyrightable Authorship in Trademarks, Logos, and Labels ...................................................................... 30 
2  Application Tips for Trademarks, Logos, and Labels ........................................................................................ 31 
Catalogs .............................................................................................................................................................................. 31 
Retrospective Works and Exhibition Catalogs .................................................................................................... 33 
Art Reproductions .......................................................................................................................................................... 33 
1  Copyrightable Authorship in Art Reproductions ............................................................................................... 33 
2  Application Tips for Art Reproductions ................................................................................................................. 34 
2(A)  Distinguishing Art Reproductions from the Source Work and Identifying Material ............................ 34 
2(B)  Authorship Unclear ........................................................................................................................................................ 35 
Installation Art ................................................................................................................................................................. 35 
Maps ..................................................................................................................................................................................... 35 
1  Copyrightable Authorship in Maps .......................................................................................................................... 36 
2  Derivative Maps............................................................................................................................................................... 36 
Patterns, Stencils, and How-To Books .................................................................................................................... 36 
1  Patterns for Making Articles ....................................................................................................................................... 37 
2  Stencils and Templates ................................................................................................................................................. 37 
3  How-To Books, Project Books, and Crafts-Making Books ............................................................................... 37 
4  Application Tips for Patterns, Stencils, and How-To Books ........................................................................... 38 
Graphs, Charts, Tables, and Figures......................................................................................................................... 38 
Technical and Scientific Drawings ........................................................................................................................... 39 
Models ................................................................................................................................................................................. 40 
1  Copyrightable Authorship in Models ...................................................................................................................... 40 

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2  Application Tips for Models ........................................................................................................................................ 41 
Copyright Law Protects the Design Aspects of a Useful Article .................................................................... 41 
1  What Is a Useful Article? .............................................................................................................................................. 42 
2  What Is the Design of a Useful Article? ................................................................................................................... 45 
3  The Separability Test .................................................................................................................................................... 45 
3(A)  The Separate-Identification Requirement ............................................................................................................ 46 
3(B)  The Independent-Existence Requirement ............................................................................................................ 47 
3(C)  Separable Features May Enhance the Functionality of the Useful Article ................................................ 47 
3(D)  Separable Features May Cover the Entire Surface of a Useful Article ........................................................ 48 
3(E)  Separating the Design Feature from the Useful Article.................................................................................... 49 
3(F)  The Overall Shape of a Useful Article Is Not Protectable................................................................................. 50 
4   The Originality Test ...................................................................................................................................................... 51 
5  Guidelines for Applying the Separability and Originality Tests.................................................................... 51 
6  Application Tips for Registering the Design of a Useful Article .................................................................... 52 
6(A)  One Application Per Article ........................................................................................................................................ 52 
6(B)  Completing the Application ........................................................................................................................................ 53 
6(C)  Preparing the Identifying Material .......................................................................................................................... 53 
Works of Artistic Craftsmanship............................................................................................................................... 53 
1  What Is a Work of Artistic Craftsmanship? ........................................................................................................... 54 
2  Copyrightable Authorship in Works of Artistic Craftsmanship .................................................................... 57 
3  Works of Artistic Craftsmanship Distinguished from a Useful Article ....................................................... 58 
 Architectural Works ...................................................................................................................................................... 59 
1   Architectural Works Distinguished from Technical Drawings ..................................................................... 59 
2   Copyrightable Authorship in Architectural Works ............................................................................................ 60 
2(A)   Standard Configurations .............................................................................................................................................. 61 
2(B)   Functional Features ....................................................................................................................................................... 62 
2(C)   Building Designs Created Before December 1, 1990 ........................................................................................ 62 
3   Application Tips for Architectural Works ............................................................................................................. 62 
 

 
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Chapter 900 
Visual Art Works 
  901  What This Chapter Covers 
This Chapter covers issues related to the examination and registration of visual art 
works. Visual art works include a wide variety of pictorial, graphic, and sculptural works 
and architectural works, which are discussed in more detail below.  
•  For a general overview of the registration process, see Chapter 200. 
•  For a general discussion of copyrightable authorship, see Chapter 300. 
•  For a discussion of who may file an application, see Chapter 400. 
•  For guidance in identifying the work that the applicant intends to register, see 
Chapter 500. 
•  For guidance in completing the fields/spaces of a basic application, see Chapter 600. 
•  For guidance on the filing fee, see Chapter 1400. 
•  For guidance on submitting the deposit copy(ies), see Chapter 1500. 
In some cases, it may be possible to register multiple visual art works with one 
application and one filing fee by using the following options: 
•  The group registration option for unpublished works (GRUW). 
•  The group registration options for published photographs (GRPPH) or unpublished 
photographs (GRUPH). 
•  The group registration option for contributions to periodicals (GRCP). 
•  The registration accommodation for registering multiple works as a unit of 
publication. 
For information concerning these options, see Chapter 1100, Sections 1103, 1106, 1110, 
and 1114. 
The U.S. Copyright Office uses the term “visual art works” and “works of the visual arts” 
to collectively refer to the types of works listed in Sections 903.1 and 903.2 below. This 
Chapter does not discuss “works of visual art,” which is a specific class of works that are 
eligible for protection under the Visual Artists Rights Act. See 17 U.S.C. § 101 (definition 
of “work of visual art”), 106A. For a definition of this term and for information 
concerning the Visual Arts Registry for such works, see Chapter 2300, Section 2314. 

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Likewise, this Chapter does not discuss the registration and examination of mask works 
or vessel designs, which are examined by the Visual Arts Division of the U.S. Copyright 
Office. For information on the registration and examination of mask works and vessel 
designs, see Chapters 1200 and 1300.  
  902  Visual Arts Division 
The U.S. Copyright Office’s Visual Arts Division (“VA”) handles the examination and 
registration of all visual art works. The registration specialists in VA have experience 
reviewing a variety of visual art works and specialize in these types of works. 
  903  What Is a Visual Art Work? 
For purposes of registration, the U.S. Copyright Office defines visual art works as (i) 
pictorial, graphic, and sculptural works, and (ii) architectural works. 
  903.1  Pictorial, Graphic, and Sculptural Works 
The most common types of visual art works are pictorial, graphic, and sculptural works. 
The Copyright Act protects a variety of works in these categories and specifically 
identifies the following: 
•  Fine art (e.g., painting and sculpture). 
•  Graphic art. 
•  Photographs. 
•  Prints. 
•  Art reproductions. 
•  Maps and globes. 
•  Charts and diagrams.  
•  Technical drawings, including architectural plans. 
•  Models.  
•  Applied art (i.e., the separable features of useful articles). 
•  Works of artistic craftsmanship. 
17 U.S.C. § 101 (definition of “pictorial, graphic, and sculptural works”). 
“[A]n artistic feature of the design of a useful article” “is eligible for copyright protection 
only if the feature (1) can be perceived as a two-dimensional or three-dimensional work 
of art separate from the useful article and (2) would qualify as a protectable pictorial, 
graphic, or sculptural work – either on its own or fixed in some other tangible medium 

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of expression – if it were imagined separately from the useful article into which it is

incorporated.” Star Athletica, LLC, v. Varsity Brands, Inc., 137 S. Ct. 1002, 1014 (2017).

For information concerning the design aspects of a useful article, see Section 924. For

information concerning other types of pictorial, graphic, and sculptural works, see

Sections 908 through 923, and Section 925.

903.2 Architectural Works

The Copyright Act protects certain architectural works, which are defined as “the design

of a building as embodied in any tangible medium of expression, including a building,

architectural plans, or drawings.” 17 U.S.C. § 101. An architectural work “includes the

overall form as well as the arrangement and composition of spaces and elements in the

design, but does not include individual standard features.” Id. For detailed information

concerning architectural works, see Section 926.

904 Fixation of Visual Art Works

A visual art work must be “fixed” in a “tangible medium of expression” to be eligible for

derivative authorship. The basic requirement is that the work must be embodied in

some form that allows the work to be “perceived, reproduced, or otherwise

communicated for a period of more than a transitory duration.” 17 U.S.C. § 101

(definition of “fixed”). The U.S. Copyright Office will register visual art works that are

embodied in a wide variety of two-dimensional and three-dimensional forms, such as:

• Canvas.

• Paper.

• Clay.

• Stone.

• Metal.

• Prints.

• Collages.

• Photographic film.

• Digital files.

• Holograms and individual slides.

• “Soft sculptures,” such as stuffed animals and puppets.

• Edible materials, such as a molded chocolate rabbit or a frosting design on a cake.

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•  Constructed buildings, architectural drawings, blueprints, or models depicting an 
architectural work. 
This is not an exhaustive list and the Office will consider other forms of embodiment on 
a case-by-case basis.  
While most visual art works are fixed by their very nature (e.g., a sculpture, a painting, 
or a drawing), there are some works that may not be sufficiently fixed to warrant 
registration. Specifically, the Office cannot register a work created in a medium that is 
not intended to exist for more than a transitory period, or a medium that is constantly 
changing.  
Most visual art works satisfy the fixation requirement, because the deposit copy(ies) or 
identifying material submitted with the application usually indicate that the work is 
capable of being perceived for more than a transitory duration. However, the fact that 
uncopyrightable material has been fixed through reproduction does not make the 
underlying material copyrightable. For example, a photograph of a fireworks display 
may be a copyrightable fixation of the photographic image, but the fireworks themselves 
do not constitute copyrightable subject matter.  
As a general rule, applicants do not have to submit an original or unique copy of a visual 
art work in order to register that work with the Office. In most cases, applicants may 
submit photographs or other identifying materials that provide the Office with a 
sufficient representation or depiction of the work for examination purposes.  
When completing an application, applicants should accurately identify the work that is 
being submitted for registration, particularly when submitting identifying material. For 
example, if the applicant intends to register a sculpture and submits a photograph of the 
sculpture as the identifying material, the applicant should expressly state “sculpture” in 
the application. Otherwise, it may be unclear whether the applicant intends to register 
the photograph or the sculpture shown in the photograph. 
Before submitting identifying material for a published visual art work, applicants should 
determine whether the work is subject to the best edition requirement. As a general 
rule, an applicant should submit the “best edition” if the work was published in the 
United States on or after January 1, 1978. The criteria used to identify the best edition of 
a particular work are listed in the “Best Edition Statement,” which is set forth in 
Appendix B to Part 202 of the Office’s regulations. It is also posted on the Office’s 
website in Best Edition of Published Copyrighted Works for the Collections of the Library 
of Congress (Circular 7b). For specific deposit requirements for different types of visual 
art works, see Chapter 1500, Section 1509.3. 
  905  Copyrightable Authorship in Visual Art Works 
The U.S. Copyright Office may register a visual art work (i) if it is the product of human 
authorship, (ii) if it was independently created (meaning that the work was not merely 
copied from another source), and (iii) if it contains a sufficient amount of original 
pictorial, graphic, sculptural, or architectural authorship. The Office reviews visual art 
works consistent with the general principles set forth in Chapter 300 (Copyrightable 

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Authorship: What Can Be Registered), as well as the guidelines described in this

Chapter.

“In order to be acceptable as a pictorial, graphic, or sculptural work, the work must

embody some creative authorship in its delineation or form.” 37 C.F.R. § 202.10(a). The

author’s intentions concerning the use of the work, or the number of copies made is

irrelevant to this determination. The fact that the work may or may not be protected by

a utility or design patent is also irrelevant. See id.

In all cases, the work “must be original, that is, the author’s tangible expression of his [or

her] ideas. Such expression, whether meticulously delineating the model or mental

image or conveying the meaning by modernistic form or color, is copyrightable.” Mazer

v. Stein, 347 U.S. 201, 214 (1954).

In the case of two-dimensional works, original authorship may be expressed in a variety

of ways, such as the linear contours of a drawing, the design and brush strokes of a

painting, the diverse fragments forming a collage, the pieces of colored stone arranged

in a mosaic portrait, among other forms of pictorial or graphic expression.

In the case of three-dimensional works, original authorship may be expressed in many

ways, such as carving, cutting, molding, casting, shaping, or otherwise processing

material into a three-dimensional work of sculpture.

Likewise, original authorship may be present in the selection, coordination, and/or

arrangement of images, words, or other elements, provided there is a sufficient amount

of creative expression in the work as a whole.

In all cases, a visual art work must contain a sufficient amount of creative expression.

Merely bringing together only a few standard forms or shapes with minor linear or

spatial variations does not satisfy this requirement.

The Office will not register works that consist entirely of uncopyrightable elements

(such as those discussed in Chapter 300, Section 313 and Section 906 below) unless

those elements have been selected, coordinated, and/or arranged in a sufficiently

creative manner. In no event can registration rest solely upon the mere communication

in two- or three-dimensional form of an idea, method of operation, process, or system.

In each case, the author’s creative expression must stand alone as an independent work

apart from the idea which informs it. 17 U.S.C. § 102(b); Mazer, 347 U.S. at 217 (“[A]

expression of the idea – not the idea itself.”).

For more information on copyrightable authorship, see Chapter 300 (Copyrightable

Authorship: What Can Be Registered).

906 Uncopyrightable Material

Section 102(a) of the Copyright Act states that copyright protection only extends to

“original works of authorship.” 17 U.S.C. § 102(a). Works that have not been fixed in a

tangible medium of expression, works that have not been created by a human being, and

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works that are not eligible for copyright protection in the United States do not satisfy

this requirement. Likewise, the copyright law does not protect works that do not

constitute copyrightable subject matter or works that do not contain a sufficient amount

of original authorship.

The U.S. Copyright Office will register a visual art work that includes uncopyrightable

material if the work as a whole is sufficiently creative and original. Some of the

uncopyrightable elements that are commonly found in visual art works are discussed in

Sections 906.1 through 906.10 below. For a general discussion of uncopyrightable

material, see Chapter 300, Section 313.

906.1 Common Geometric Shapes

The Copyright Act does not protect common geometric shapes, either in two-

dimensional or three-dimensional form. There are numerous common geometric

shapes, including, without limitation, straight or curved lines, circles, ovals, spheres,

triangles, cones, squares, cubes, rectangles, diamonds, trapezoids, parallelograms,

pentagons, hexagons, heptagons, octagons, and decagons.

Generally, the U.S. Copyright Office will not register a work that merely consists of

common geometric shapes unless the author’s use of those shapes results in a work that,

as a whole, is sufficiently creative.

Examples:

• Geoffrey George creates a drawing depicting a standard pentagon

with no additional design elements. The registration specialist will

refuse to register the drawing because it consists only of a simple

geometric shape.

• Georgina Glenn painstakingly sculpts a perfectly smooth marble

sphere over a period of five months. The registration specialist will

refuse to register this work because it is a common geometric shape

and any design in the marble is merely an attribute of the natural

stone, rather than a product of human expression.

• Grover Gold creates a painting of a beach scene that includes circles

of varying sizes representing bubbles, striated lines representing

ocean currents, as well as triangles and curved lines representing

birds and shark fins. The registration specialist will register the

claim despite the presence of the common geometric shapes.

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• Gloria Grimwald paints a picture with a purple background and

evenly spaced white circles:

The registration specialist will refuse to register this claim because

simple geometric symbols are not eligible for copyright protection,

and the combination of the purple rectangle and the standard

symmetrical arrangement of the white circles does not contain a

sufficient amount of creative expression to warrant registration.

• Gemma Grayson creates a wrapping paper design that includes

circles, triangles, and stars arranged in an unusual pattern with each

element portrayed in a different color:

The registration specialist will register this claim because it

combines multiple types of geometric shapes in a variety of sizes

and colors, culminating in a creative design that goes beyond the

mere display of a few geometric shapes in a preordained or obvious

arrangement.

906.2 Familiar Symbols and Designs

Familiar symbols and designs are not protected by the Copyright Act. 37 C.F.R. §

202.1(a). Likewise, the copyright law does not protect mere variations on a familiar

symbol or design, either in two- or three-dimensional form. For representative

examples of symbols or designs that cannot be registered with the U.S. Copyright Office,

see Chapter 300, Section 313.4(J).

A work that includes familiar symbols or designs may be registered if the registration

specialist determines that the author used these elements in a creative manner and that

the work as a whole is eligible for copyright protection.

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Examples:

• Francis Ford created a sketch of the standard fleur de lys design used

by the French monarchy. The registration specialist may refuse to

• Samantha Stone drew an original silhouette of Marie Antoinette

with a backdrop featuring multiple fleur de lys designs. The

registration specialist may register this work because it

incorporates an original, artistic drawing in addition to the standard

fleur de lys designs.

906.3 Colors, Coloring, and Coloration

Mere coloration or mere variations in coloring alone are not eligible for copyright

protection. 37 C.F.R. § 202.1(a).

Merely adding or changing one or relatively few colors in a work, or combining expected

or familiar pairs or sets of colors is not copyrightable, regardless of whether the changes

are made by hand, computer, or some other process. This is the case even if the

coloration makes a work more aesthetically pleasing or commercially valuable. For

example, the U.S. Copyright Office will not register a visual art work if the author merely

added relatively few colors to a preexisting design or simply created multiple colorized

versions of the same basic design. Copyright Registration for Colorized Versions of Black

and White Motion Pictures, 52 Fed. Reg. 23,443, 23,444 (June 22, 1987). Likewise, the

Office generally will not register a visual art work if the author merely applied colors to

aid in the visual display of a graph, chart, table, device, or other article.

The Office understands that color is a major element of design in visual art works, and

the Office will allow an applicant to include appropriate references to color in an

application. For instance, if an applicant refers to specific colors or uses terms such as

“color,” “colored,” “colors,” “coloring,” or “coloration,” the registration specialist

generally will not reject the claim if the work contains a sufficient amount of creative

authorship aside from the coloration alone.

Examples:

• Cleo Camp took a photograph of a tree and digitally edited the

image to add new shades of red and blue. Cleo submitted an

application to register the altered photograph and described her

authorship as “original photograph digitally edited to add new

shades of blue and red in certain places.” The registration specialist

will register the claim because the creativity in the photograph,

together with the alteration of the colors, is sufficiently creative.

• Charles Carter took a digital image of Leonardo da Vinci’s Mona Lisa

and added different hair color, colored nail polish, stylized clothing,

and darkened skin. Charles submitted an application to register the

image, and described his authorship as “changed public domain

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Mona Lisa to green and pink streaked hair; purple nail polish;

prisoner-striped black-white clothing; and darkened rouge on

cheeks.” The registration specialist will register the work because

the changes in color are sufficient to constitute a new work of

authorship.

• Clara Connor found a black and white photograph that is in the

public domain. She altered the image by adding a variety of colors,

shades, and tones to make it appear as if the photo was taken in a

different season. Clara submitted an application to register the

revised photograph and in the Author Created and New Material

Included fields she described her authorship as “adapted public

domain black-white image by adding different colors, shades, tones,

in various places of derivative work.” The registration specialist

may register the work if Clara made sufficient changes to the

preexisting photograph.

• Chris Crisp purchased a coloring book and colored the images with

watercolors. He submitted an application to register the work and

described his authorship in the Author Created and New Material

Included fields as “added selected colors to pictures in someone

else’s coloring book.” The registration specialist may refuse to

and the addition of color was not sufficiently creative.

• Colette Card registered a fabric design called “Baby Girl Fabric,”

which contains a pink background with stylized images of cribs,

rattles, and pacifiers. Colette then created a fabric design called

“Baby Boy Fabric” that is identical to the “Baby Girl Fabric” design,

except that the background color is blue instead of pink. Colette

attempts to register the “Baby Boy Fabric,” disclaiming the prior

registration for the “Baby Girl Fabric.” The registration specialist

will refuse to register the blue variation because it is identical to the

preexisting “Baby Girl Fabric” design aside from the mere change in

background color.

906.4 Typeface, Typefont, Lettering, Calligraphy, and Typographic Ornamentation

As a general rule, typeface, typefont, lettering, calligraphy, and typographic

ornamentation are not registrable. 37 C.F.R. § 202.1(a), (e). These elements are mere

variations of uncopyrightable letters or words, which in turn are the building blocks of

expression. See id. The Office typically refuses claims based on individual alphabetic or

numbering characters, sets or fonts of related characters, fanciful lettering and

calligraphy, or other forms of typeface. This is true regardless of how novel and creative

the shape and form of the typeface characters may be.

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Examples:

• Felicia Frost creates a font called “Pioneer Living” that evokes

historical “Wanted: Dead or Alive” posters. The registration

specialist will refuse to register this font because it is a building

block of writing.

• Calliope Cash creates a textile fabric consisting of a blue and white

vertically striped grass cloth and a traditional Chinese proverb. Each

character is painted on a separate stripe in standard, unembellished

calligraphy. The registration specialist will refuse to register this

fabric design because the calligraphy consists of standard Chinese

characters, and the simple arrangement of characters on vertical

stripes and the choice of grass cloth does not add sufficient

creativity to warrant registration.

There are some very limited cases where the Office may register some types of typeface,

typefont, lettering, or calligraphy, such as the following:

• Pictorial or graphic elements that are incorporated into uncopyrightable characters

or used to represent an entire letter or number may be registrable. Examples

include original pictorial art that forms the entire body or shape of the typeface

characters, such as a representation of an oak tree, a rose, or a giraffe that is

depicted in the shape of a particular letter.

• Typeface ornamentation that is separable from the typeface characters is almost

always an add-on to the beginning and/or ending of the characters. To the extent

that such flourishes, swirls, vector ornaments, scrollwork, borders and frames,

wreaths, and the like represent works of pictorial or graphic authorship in either

their individual designs or patterned repetitions, they may be protected by

neon, beer glass, spooky-fog, and weathered-and-worn), while potentially separable,

is de minimis and not sufficient to support a registration.

The Office may register a computer program that creates or uses certain typeface or

typefont designs, but the registration covers only the source code that generates these

designs, not the typeface, typefont, lettering, or calligraphy itself. For a general

discussion of computer programs that generate typeface designs, see Chapter 700,

Section 723.

To register the copyrightable ornamentation in typeface, typefont, lettering, or

calligraphy, the applicant should describe the surface decoration or other

ornamentation and should explain how it is separable from the typeface characters. The

applicant should avoid using unclear terms, such as “typeface,” “type,” “font,” “letters,”

“lettering,” or similar terms.

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  906.5  Spatial Format and Layout Design 
As a general rule, the U.S. Copyright Office will not accept vague claims in “format” or 
“layout.” The general layout or format of a book, a page, a website, a webpage, a poster, a 
form, etc., is not copyrightable, because it is merely a template for expression and does 
not constitute original expression in and of itself. If the applicant uses the terms “layout” 
and/or “format” in the application, the registration specialist will communicate with the 
applicant to clarify the claim. Copyright protection may be available for the author’s 
original selection and/or arrangement of specific content if it is sufficiently creative, but 
the copyright does not extend to the organization without that particular content. 
Examples:  
•  Loretta Leonard published a series of books on bird watching. Each 
book has a two-inch right margin and a half-inch left margin, with 
the text appearing in two columns of differing lengths. Loretta 
submits an application to register the template for this layout. The 
registration specialist will refuse to register this claim because the 
layout of these books does not contain a sufficient amount of 
originality to be protected by copyright law. 
•  Fred Foster publishes a one-page newsletter titled Condo Living that 
provides information for residents of his condominium complex. 
Each issue contains the name of the newsletter, a drawing of the sun 
rising over the complex, two columns reserved for text, and a box 
underneath the columns reserved for photographs. Fred attempts to 
register the layout for his newsletter. The registration specialist will 
reject the claim in layout, but may register the illustration if it is 
sufficiently creative.  
  906.6  Blank Forms 
The U.S. Copyright Office will not register blank forms, which are solely designed for 
recording information and do not convey information, regardless of how they are 
described in an application. 37 C.F.R. § 202.1(c). Examples of blank forms include time 
cards, graph paper, account books, diaries, bank checks, scorecards, address books, 
report forms, order forms, and vouchers. Id.  
Blank forms are not copyrightable because they merely reflect and implement 
underlying procedures, processes, systems, methods, concepts, or principles. 17 U.S.C. § 
102(b); Baker v. Selden, 101 U.S. 99 (1879). Likewise, the Office will refuse to register 
claims based solely on the arrangement, spacing, or juxtaposition of standard text on a 
blank form. Registration of Claims to Copyright; Notice of Termination of Inquiry 
Regarding Blank Forms, 45 Fed. Reg. 63,297 (Sept. 24, 1980). However, a registration 
specialist may register literary or visual arts content that has been added to a blank 
form if it is copyrightable, such as artwork that decorates the form or literary elements 
that describe or explain how to complete the form. See id. at 63,298.  

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Examples:

• Brenda Bland creates a color-coded daily journal. The journal

includes six columns with typical headings and multiple colors to

aid the user in organizing content. The registration specialist will

refuse to register this journal because it is a blank form that does

not contain a sufficient amount of literary or pictorial authorship to

support a registration.

• Bernice Brown creates a daily diary that includes six columns with

typical headings and graphic artwork along the border of each page.

The registration specialist will refuse to register the columns and

headings because it is merely a blank form, but may register the

decorative border if it is sufficiently creative.

• Blythe Burn files an application to register a “graphic aid for

diagnosing Alzheimer’s disease.” The deposit copy consists of a

blank form for recording patient data. The form contains eight

boxes with various questions that are intended to identify

symptoms of this disease. The registration specialist will refuse the

claim in “graphic aid” and may refer the claim to the Literary

Division to determine whether the textual authorship supports a

claim in a literary work.

906.7 Naturally Occurring and Discovered Material

Because human authorship is required for copyright protection, the U.S. Copyright Office

will not register naturally occurring objects or materials that are discovered in nature.

This includes natural objects or materials with standard wear or acute breaks or

fissures resulting from weather conditions or other natural phenomena, such as water

currents, wind, rain, lightning, sunlight, heat, or cold. Similarly, the Office will refuse to

the resulting visual appearance of an object or liquid when different chemical elements

interact with each other.

Examples:

• Nina Nine found a piece of driftwood that was smoothed by ocean

currents. She carved an intricate seagull design in the side of the

driftwood, polished it, and submitted an application to register the

overall work. Although there is no human authorship in the

driftwood itself, the registration specialist may register the seagull

carving if it is sufficiently creative.

• Felipe French found a stone with deep grooves. Felipe brought the

stone to his studio, polished it, mounted it on a brass plate, and

submitted it for registration. The registration specialist will refuse

registration because the stone’s appearance was the result of a

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naturally occurring phenomenon and the polishing and mounting

were merely de minimis.

• Natalia Night creates a sticker made of two clear plastic sheets

bonded together with a small amount of colored liquid petroleum

between the sheets. Due to the way petroleum naturally behaves,

any slight pressure on the outside of the sticker creates undulating

patterns and shapes, no two of which are ever identical. The

registration specialist will refuse to register this sticker because the

specific outlines and contours of the patterns and shapes formed by

the liquid petroleum were not created by Natalia, but instead were

created by a naturally occurring phenomenon.

906.8 Mechanical Processes and Random Selection

The copyright law only protects works of authorship that are created by human beings.

Works made through purely mechanical processes or with an automated selection and

arrangement are not eligible for copyright protection without sufficient human

authorship. The U.S. Copyright Office will refuse to register a claim in a work that is

created through the operation of a machine or process without sufficient human

interaction, even if the design is randomly generated.

Example:

• Megan Mott developed linoleum flooring with a random confetti

design. The design was created by a purely mechanical process that

randomly distributed material on the surface of the linoleum. The

registration specialist will refuse to register this design because it

was produced by a mechanical process and a random selection and

arrangement.

906.9 Measuring and Computing Devices

Devices that compute, measure, and record data are useful articles. Common examples

of such devices include slide rulers, wheel dials, depth gauges, dive computers, echo-

sounders, and perpetual calendar designs. These types of devices do not contain

expressive authorship and are merely designed to calculate and produce facts, data, or

other useful information. As such, they are not copyrightable. See 37 C.F.R. § 202.1(d).

The U.S. Copyright Office may register pictorial, graphic, or sculptural features that have

been applied to a measuring or computing device, but only if those features are

separable from the article. For example, a logo appearing on a scale, or a fanciful graphic

on a telescope may be registered if they incorporate “pictorial, graphic, or sculptural

features that can be identified separately from, and are capable of existing

independently of, the utilitarian aspects of the article.” 17 U.S.C. § 101 (definition of

“pictorial, graphic, and sculptural works”). For a general discussion of useful articles, see

Section 924.

Likewise, textual or artistic material that explains or illustrates a device and its use may

be protectable if it is sufficiently creative, as long as it does not itself perform the actual

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useful function of the device. For example, a technical drawing with significant text and 
pictures that shows how to use a device may be registrable. But the registration for that 
drawing would extend only to the descriptive or illustrative authorship and would not 
extend to the concept, physical design, and use of the device itself. See 17 U.S.C. § 113(b). 
When asserting a claim in an instructional manual or other text or images that explain 
or illustrate a device, applicants should use terms that specifically describe the 
expressive authorship that the author contributed to the work, such as “text of 
description of device,” “text of instructions,” “technical diagrams,” or “photographs of 
device.”  
Applicants should avoid using the terms “device,” “equipment,” “sculpture,” “housing,” 
or “container” to refer to content that appears on the face or surface of the device. 
Applicants should avoid using the terms “format,” “layout,” and “compilation” to refer to 
the overall design features or to the overall combination of content on the face or 
surface of the device. Applicants also should avoid using vague terms, such as “entire 
work.”  
  906.10  Useful Articles and the Mechanical or Utilitarian Aspects of Works of Artistic 
Craftsmanship 
The copyright law does not protect useful articles. 17 U.S.C. § 101 (definition of pictorial, 
graphic, and sculptural works). But it does protect two- or three-dimensional artistic 
features that have been incorporated into the design of a useful article, if those features 
are separable from the article. Id.  
Copyright also protects the creative form of a work of artistic craftsmanship, but it does 
not protect the “mechanical or utilitarian aspects” of such works.” Id.  
For a definition and detailed discussion of the legal standards for evaluating 
copyrightable authorship in the design of a useful article or a work of artistic 
craftsmanship, see Sections 924 and 925. 
  907  Derivative Visual Art Works 
  907.1  Copyrightable Authorship in Derivative Works 
A derivative visual art work is a work based on or derived from one or more preexisting 
works. A derivative work may be registered if the author of that work contributed a 
sufficient amount of new authorship to create an original work of authorship. The new 
material must be original and copyrightable in itself.  
Examples of visual art works that may be registered as derivative works include: 

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• Sculptures based on drawings.

• Drawings based on photographs.

• Lithographs based on paintings.

• Books of maps based on public domain maps with additional

features.

Examples of works that cannot be registered as derivative works, because they contain

no new authorship or only a de minimis amount of authorship include the following

types of visual art works:

• Photocopies and digital scans of works.

• Mere reproductions of preexisting works.

For a general discussion of the legal standard for determining whether a derivative

work contains a sufficient amount of original expression to warrant registration, see

Chapter 300, Section 311.

907.2 Permission to Use Preexisting Material

Authors often incorporate material created by third parties into their visual art works,

such as a third party photograph that is used in a collage or third party clip art that is

used in a logo. Generally, if the third party material is protected by copyright, the

applicant must exclude that material from the claim using the procedure described in

Chapter 600, Section 621.8. However, the applicant does not have to disclaim

uncopyrightable elements, such as letters of the alphabet or geometric shapes.

The U.S. Copyright Office generally does not investigate the copyright status of

preexisting material or investigate whether it has been used lawfully. However, the

registration specialist may communicate with the applicant to determine whether

permission was obtained where a recognizable preexisting work has been incorporated

into a visual art work. The applicant may clarify the lawful use of preexisting material by

including a statement to that effect in the Note to Copyright Office field of the online

application or in a cover letter submitted with the paper application. If it becomes clear

that preexisting material was used unlawfully, the registration specialist will refuse to

Example:

• Theresa Tell creates a collage that combines her own artwork with

logos from a number of famous companies. She files an application

to register her “two-dimensional artwork.” Depending on the facts

presented, the registration specialist may ask the applicant to

exclude the logos from the claim by stating “preexisting logos

incorporated” in the Material Excluded field. In addition, the

specialist may ask Theresa to limit her claim by stating “selection

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and arrangement of preexisting logos with new two-dimensional

artwork added” in the New Material Included field.

For more information on derivative works incorporating third party content, see

Chapter 300, Section 313.6(B).

908 Jewelry Designs

Jewelry designs are typically protected under the U.S. copyright law as sculptural works,

although in rare cases they may be protected as pictorial works. This Section discusses

certain issues that commonly arise in connection with such works.

908.1 What Is Jewelry?

A jewelry design is a decorative article that may be worn as a personal adornment,

regardless of whether it is hung, pinned, or clipped onto the body (such as necklaces,

bangles, or earrings) or pinned, clipped, or sewn onto clothing (such as brooches, pins,

or beaded motifs).

Ornamental jewelry designs are considered works of artistic craftsmanship. See 37

C.F.R. § 202.8(a) (1948) (citing “artistic jewelry” as an example of a work of artistic

craftsmanship); H.R. REP. NO. 94-1476, at 54-55 (1976), reprinted in 1976 U.S.C.C.A.N at

5667-68 (noting that this part of the statutory definition is based on “Copyright Office

regulations promulgated in the 1940’s”).

When reviewing jewelry, the U.S. Copyright Office will consider the overall form of the

design, but will ignore any mechanical or utilitarian aspects of the work. For example, a

jeweled dragonfly could be registered as a work of artistic craftsmanship if it contains a

sufficient amount of sculptural authorship. The registration may cover the shape, color,

orientation, or other creative aspects of the design, but it would not extend to its

functional elements, such as a plain hook or clasp.

Jewelry designs and other embellishments that are incorporated into useful articles,

such as garments, footwear, belt buckles, or other personal accessories may be

registered only if the design is capable of being identified separately from and existing

independently of the utilitarian aspects of the useful article. When evaluating jewelry

designs incorporated into useful articles, the Office will apply the separability test set

forth in Section 924.3 and then determine if the separable design contains a sufficient

amount of creative expression. For a detailed discussion of the differences between a

work of artistic craftsmanship and the design of a useful article, see Section 925.3.

908.2 Copyrightable Authorship in Jewelry

Jewelry designs may be created in a variety of ways, such as carving, cutting, molding,

casting, or shaping the work, arranging the elements into an original combination, or

decorating the work with pictorial matter, such as a drawing or etching.

The U.S. Copyright Office may register jewelry designs if they are sufficiently creative or

expressive. The Office will not register pieces that, as a whole, do not satisfy this

requirement, such as mere variations on a common or standardized design or familiar

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symbol, designs made up of only commonplace design elements arranged in a common

or obvious manner, or any of the mechanical or utilitarian aspects of the jewelry.

Common de minimis designs include solitaire rings, simple diamond stud earrings, plain

bangle bracelets, simple hoop earrings, among other commonly used designs, settings,

and gemstone cuts.

Examples:

• Janine Jackson creates a brooch consisting of three parallel rows of

sapphires. The registration specialist will refuse registration

because the design is common and there is only a de minimis

amount of authorship in the arrangement of stones.

• Jeremiah Jones creates a necklace consisting of a standard cross on

a black silk cord with a plain silver clasp. The registration specialist

will refuse to register this work because it consists of functional

elements (e.g., a silk cord and a plain silver clasp) and a familiar

symbol (the standard cross).

908.3 Application Tips for Jewelry

When preparing the identifying material for a jewelry design (which may consist of

photographs or drawings) the applicant should include all of the copyrightable elements

that the applicant intends to register. This is important because the registration

specialist can examine only the designs that are actually depicted in the identifying

material. If the applicant wants the registration to cover more than just the face of a

jewelry design, the identifying material should depict the design from different angles.

Additionally, if the applicant wants the registration to cover part of the design or details

that are relatively small, the applicant should make sure that those portions are clearly

visible in the identifying material.

When evaluating a jewelry design for copyrightable authorship, the registration

specialist will consider both the component elements of the design and the design as a

whole. In making this determination, the specialist may consider the following aspects

of a jewelry design:

• The shapes of the various elements (e.g., gemstones, beads, metal pieces, etc.).

• The use of color to create an artistic design (although color alone is generally

insufficient).

• Decoration on the surface of the jewelry (e.g., engraved designs, variations of

texture, etc.).

• The selection and arrangement of the various elements.

The following aspects of jewelry generally are not copyrightable and are not considered

in analyzing copyrightability:

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• Faceting of individual stones (i.e., gem-cutting).

• Purely functional elements, such as a plain clasp or fastener.

• Common or symmetrical arrangements.

As a general rule, if the shape or decoration of a particular element contains enough

original authorship to support a registration, the specialist will register the claim. If not,

the specialist will consider other factors, such as the selection, coordination, and/or

arrangement of elements, as well as the degree of symmetry.

When evaluating the copyrightability of a jewelry design, the specialist may consider the

number of elements in the design. More elements may weigh in favor of copyrightability,

although a work containing multiple elements may be uncopyrightable if the elements

are repeated in a standard geometric arrangement or a commonplace design. A work

containing only a few elements may be copyrightable if the decoration, arrangement,

use of color, shapes, or textures are sufficient to support a claim.

909 Photographic Works

The U.S. copyright law protects photographs as pictorial works. This Section discusses

certain issues that commonly arise in connection with such works.

909.1 Copyrightable Authorship in Photographs

As with all copyrighted works, a photograph must have a sufficient amount of creative

expression to be eligible for registration. The creativity in a photograph may include the

photographer’s artistic choices in creating the image, such as the selection of the subject

matter, the lighting, any positioning of subjects, the selection of camera lens, the

placement of the camera, the angle of the image, and the timing of the image.

Example:

• The Office receives ten applications, one from each member of a

local photography club. All of the photographs depict the

Washington Monument and all of them were taken on the same

afternoon. Although some of the photographs are remarkably

similar in perspective, the registration specialist will register all of

the claims, because each photographer selected the angle and

positioning of his or her photograph, among other creative choices.

909.2 Subject Matter of Photographs

To be eligible for copyright protection, the subject of the photograph does not need to be

copyrightable. A photograph may be protected by copyright and registered with the U.S.

uncopyrightable or in the public domain.

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Example:

• Phoebe Pool takes a photograph of a mountain range, selecting the

angle, distance, and lighting for the image. The registration

specialist will register the work even though the mountain range

itself is not copyrightable.

909.3 Uncopyrightable Material

909.3(A) Photographic Reproductions, Digital Copying, and Digital Restoration

Although most photographs warrant copyright protection, the U.S. Copyright Office will

not register photographs that do not display a sufficient amount of creative expression.

A photograph that is merely a “slavish copy” of a painting, drawing, or other public

domain or copyrighted work is not eligible for registration. The registration specialist

will refuse a claim if it is clear that the photographer merely used the camera to copy the

source work without adding any creative expression to the photo. Similarly, merely

scanning and digitizing existing works does not contain a sufficient amount of creativity

to warrant copyright protection.

Example:

• Pamela Patterson takes a high resolution photograph of Leonardo

da Vinci’s Mona Lisa. The photograph is virtually identical to the

painting. The registration specialist will refuse to register the

photograph, because it is a slavish copy of a work that is in the

public domain. See, e.g., Bridgeman Art Library, Ltd. v. Corel Corp., 36

F. Supp. 2d 191, 196-97 (S.D.N.Y. 1999).

The Office often receives applications to register preexisting works that have been

restored to their original quality and character. Merely restoring a damaged or aged

photograph to its original state without adding a sufficient amount of original, creative

authorship does not warrant copyright protection.

The registration specialist will analyze on a case-by-case basis all claims in which the

author used digital editing software to produce a derivative photograph or artwork.

Typical technical alterations that do not warrant registration include aligning pages and

columns; repairing faded print and visual content; and sharpening and balancing colors,

tint, tone, and the like, even though the alterations may be highly skilled and may

produce a valuable product. If an applicant asserts a claim in a restoration of or

touchups to a preexisting work, the registration specialist generally will ask the

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,

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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 a claim for her own authorship

in the altered photographs. The registration specialist will refuse to

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.

909.3(B) X-Rays, Medical Imaging, and Non-Medical Echo Sonography

As a general rule, the U.S. Copyright Office will not register medical x-rays or imaging,

regardless of whether they are claimed on an application as photographs, images,

artwork, or graphics. These types of images do not typically possess a sufficient degree

of creativity to sustain a copyright claim.

N O T E: Medical x-rays or imaging are not considered useful articles for purposes of

registration because their only utilitarian function is to convey information. 17 U.S.C. §

101 (definition of “useful article”). As such, they are not subject to the separability test

described in Section 924.3.

In most cases, x-rays or other medical images are produced without any creative input

from a human author. And the appearance of the resulting image is dictated entirely by

functional requirements, such as obtaining an image that optimally permits the

diagnosis of an injury or disease. As a result, these types of images merely contain a de

minimis amount of expression, if any. See Burrow-Giles Lithographic Co. v. Sarony, 111

U.S. 53, 59 (1884) (“[T]he ordinary production of a photograph” with “no place for

novelty, invention, or originality” may result in “no protection” for that image).

The following is a nonexhaustive list of such generally uncopyrightable works:

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• Medical x-rays.

• Magnetic resonance imaging.

• Echocardiography.

• Echo mammography.

• Varieties of ultrasound.

• Iodinated ultra venous imaging.

• Angiography.

• Electrocardiography.

• Three-dimensional computed tomography.

• Positron emission tomography.

• Electroencephalography imaging.

• Computed axial tomography.

For the same reasons, the Office will not register surveys of water and land masses that

are captured by the data that echo-sounders and similar equipment produce.

When x-rays or other medical images are used to illustrate a literary work, such as

medical textbooks, excavation training guides, and journal articles, the Office may accept

a claim in a “compilation of images,” “text and illustrations,” “text and illustrative

diagrams,” or “text and figures.” The registration for such works will cover the text and

the copyrightable compilation authorship, but not the underlying x-rays or medical

images.

Similarly, applicants may use terms such as “illustrations,” “figures,” or “illustrative

diagrams” to describe x-rays or medical images that have been modified with words,

abbreviations, symbols, or color indicators, such as arrows, markers, or pointers that

illustrate topics discussed in the accompanying literary work. In such cases, the Office

may register the modified image as a technical drawing if it is sufficiently creative, but

the Office will not accept a claim in the underlying image itself.

These types of technologies were created for diagnostic or other functional purposes,

but they can conceivably be used in an artistic manner. If an x-ray machine or medical

imaging device is used as a tool for an author’s creative expression, that expression may

be registered as a pictorial or graphic work if the resulting image contains a sufficient

amount of artistic expression created by a human author. In such cases, the author’s

expression must be recognizable from the deposit copy(ies), rather than the author’s

explanation of his or her creative process.

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Examples:

• Xavier Xander files an application for an x-ray of a broken arm and

describes his authorship as a “photograph.” The registration

specialist will refuse to register the claim.

• Xenia Xon submits an application for an x-ray of a farm animal that

has been modified with bright red colors and original images of

processed food products. She describes her authorship as “two-

dimensional artwork.” The registration specialist may register the

claim, because the creative expression in the work as a whole is

apparent from the deposit copy.

• Xandra Xee submits an application for an x-ray of a creative collage

consisting of flowers and cookies. She describes the authorship as a

“photograph.” Because Xandra used an x-ray machine as a creative

tool, rather than a diagnostic device, the resulting image would be

registrable.

910 Games, Toys, Dolls, Stuffed Animals, and Puppets

This Section discusses certain issues that commonly arise with toys, dolls, stuffed

animals, puppets, and other sculptural works. It also discusses common issues involving

board games, card games, and other games with pictorial, graphic, or sculptural

authorship. For information concerning videogames, see Chapter 800, Section 807.7(A).

N O T E: As a general rule, these types of works are not considered useful articles for

purposes of registration, because in most cases they merely portray their own

appearance or the item that the work represents. 17 U.S.C. § 101 (definition of “useful

article”). By contrast, backpacks, lunchboxes, nightlights, scooters, tricycles, or other

items that have an intrinsic utilitarian function are considered useful articles, and as

such, are subject to the separability test described in Section 924.3.

Toys, dolls, stuffed animals, and puppets are frequently protectable under the U.S.

animal,” “puppet,” or any other term that reasonably describes the work that the author

created. Alternatively, applicants may describe the type of authorship that the author

contributed to the work, such as “sculpture” or “soft sculpture.”

Games often include both copyrightable and uncopyrightable elements. The

copyrightable elements of a game may include text, artwork, sound recordings,

audiovisual material, or other works of authorship. These types of works 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 a game, applicants should describe the specific

work(s) that the applicant intends to register, such as the instructional text, the artwork

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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 understood

that the game as a whole encompasses the ideas underlying the game. For the same

reason, applicants should not assert a claim in the methods for playing the game.

Examples:

• Gloria Glam files an application to register a new board game. In her

application she asserts a claim in “text and board artwork.” The

game board contains intricate designs and the instructions consist

of two pages of text. The registration specialist will register the

claim with an annotation, such as: “Basis for registration: Unit of

publication.”

• Garfield Grant files an application for a new type of soccer playing

field and asserts a claim in “technical drawing.” The deposit

contains a set of technical drawings with accompanying text. The

registration specialist will register the claim; the registration will

extend only to the actual drawings and descriptive text but not to

the design for the field itself.

• Glenn Garner files an application to register a “new game of chess,

consisting of a new way to play the game, new playing pieces, and a

new board with three levels.” The registration specialist may

they contain a sufficient amount of creative expression. However,

the specialist cannot register the idea for and method of playing the

new game, or the idea of playing the game on a board split into

three levels. Therefore, the specialist may add two annotations, such

as: “Basis for registration: Unit of publication” and “Regarding

authorship information: Idea for, and procedure or method of

operation used in, game not copyrightable. 17 USC 102(b).

Registration extends to artwork deposited.”

Games and other items are often distributed in a physical package that contains

separately fixed component works that have been bundled together and

distributed to the public as a single, integrated unit. In such cases, it may be

possible to register the component works with the unit of publication option,

which allows multiple works to be registered together with one application and

one filing fee. See 37 C.F.R. § 202.3(b)(4). For information concerning this

option, see Chapter 1100, Section 1103.

For information on how to register purely literary aspects of a game, see Chapter 700,

Section 714. For information concerning the deposit requirements for games, see

Chapter 1500, Sections 1509.1(E) and 1509.3(A)(7).

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911 Characters

The original, visual aspects of a character may be protected by copyright if they are

sufficiently original. This may include the physical attributes of the character, such as

facial features and specific body shape, as well as images of clothing and any other visual

elements.

The U.S. Copyright Office will register visual art works that depict a character, such as

drawings, sculptures, and paintings. A registration for such works extends to the

particular authorship depicted in the deposit material, but does not extend to unfixed

characteristics of the character that are not depicted in the deposit. Nor does it cover the

name or the general idea for the character.

Fanciful costumes that depict a character may be considered useful articles for purposes

of registration. Although they portray the appearance of the character, they also may

serve the intrinsic useful function of clothing the human body. If so, they are subject to

the separability test described in Section 924.3. As with all clothing, the Office will

examine fanciful costumes to determine if they contain two- or three-dimensional

design elements that are conceptually separable from the utilitarian aspects of the

article, and to determine if those separable elements contain a sufficient amount of

creative expression. See generally Registrability of Costume Designs, 56 Fed. Reg. 56,530

(Nov. 5, 1991) (discussing the Office’s policy and several federal court decisions on the

registrability of costume designs).

When completing an application to register such works, the applicant should use an

appropriate term to describe the authorship embodied in the deposit material, such as

“2-D artwork” or “photograph.” Applicants should not refer to or assert claims in

“character,” “character concept, idea, or style,” or a character’s generalized personality,

conduct, temperament, or costume. If the applicant uses these terms, the registration

specialist may register the claim with an annotation, such as: “Regarding authorship

information: Registration based on deposited [pictorial, graphic, or sculptural]

authorship describing, depicting, or embodying character(s). Compendium 313.4(H).” If

the deposit material contains a well-known or recognizable character, the specialist may

ask the applicant to exclude that preexisting material from the claim if the applicant fails

to complete the Limitation of Claim portion of the application.

Examples:

• Charles Crest creates a sketch of a field mouse with a straw hat and

a mischievous grin. He intends to use the sketch in an animated film.

He files an application that asserts a claim in “two-dimensional

artwork” and “character.” The registration specialist may register

the claim with an annotation, such as: “Regarding authorship

information: Registration based on deposited pictorial authorship

describing, depicting, or embodying character(s). Compendium

313.4(H).”

• Chris Crow creates a series of drawings featuring a stylized flamingo

in several poses and wearing different hats. He files an application

to register his drawings under the title “Concept Drawings for

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Character Designs” and he asserts a claim in “two-dimensional

artwork.” The registration specialist may register the claim and may

send the applicant a warning letter noting that the registration

covers only the specific sketches included in the deposit.

• Chloe Crown creates a series of drawings depicting several well-

known comic book characters. She files an application that asserts a

claim in “character redesigns” or “new versions of characters.” The

registration specialist may ask Chloe if she has permission to

prepare these derivative works and to clarify the derivative

authorship that she contributed to the preexisting material.

912 Cartoons, Comic Strips, and Comic Books

Cartoons, comic strips, and comic books typically contain pictorial expression or a

combination of pictorial and written expression. These types of works may be

registered as visual art works or literary works, depending on the nature of the

expression that the author contributed to the work. If the work contains pictorial

material or a substantial amount of pictorial material combined with text, the applicant

should select Work of the Visual Arts (in the case of an online application) or Form VA

(in the case of a paper application). If the work mostly contains text with a small amount

of pictorial material, the applicant should select Literary Work for an online application

or Form TX for a paper application. If the types of authorship are roughly equal, the

applicant may use any type of application that is appropriate.

A registration for a cartoon, comic strip, or comic book only covers the specific work

that is submitted to the U.S. Copyright Office. The Office does not offer so-called “blanket

registrations” that cover prior or subsequent iterations of the same work. For example, a

registration for a comic strip that depicts a particular character covers the expression

set forth in that particular strip, but it does not cover the character per se or any other

strip or other work that features the same character. (For more information concerning

characters, see Section 911.)

In some cases it may be possible to register a number of cartoons, comic strips, or comic

books with one application and one filing fee.

• If all of the works are unpublished, it may be possible to register up to ten works

together as a group.

• If all of the works were first published as a contribution to a periodical, such as a

newspaper or magazine, it may be possible to register the contributions as a

group.

• If all the works were physically bundled together by the claimant for

distribution to the public as a single, integrated unit, and if all the works were

first published in that integrated unit it may be possible to register them using

the unit of publication option. However, the works cannot be aggregated simply

for the purpose of registration; instead they must have been first distributed to

the public in the packaged unit.

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For detailed information concerning the unit of publication option, and the group 
registration options for unpublished works and contributions to periodicals, see 
Chapter 1100, Sections 1103, 1106, and 1110. 
Comic books are typically created by multiple authors, and the issues surrounding the 
authorship and ownership of the various contributions can be complex. In some cases, 
the creators may prepare their contributions on a work for hire basis as employees or 
pursuant to a freelancer work made for hire agreement. In some cases, the comic book 
may be a joint work. In other cases, different authors may create different aspects of the 
comic book, with some aspects originating from the publisher and other aspects 
originating from one or more individual, nonemployee authors (i.e., derivative works). 
For example, the publisher may claim ownership of the characters and the basic story, 
and may hire others to create the artwork, text, and/or lettering for particular issues. 
Then a freelance or staff contributor may contribute coloring and editing. If all of the 
work is done on a work made for hire basis, the authorship is clearly owned by the 
publisher, and as such the publisher should be named as the claimant. 
If multiple authors contributed to the comic book as individual authors (not as joint 
authors or under a work made for hire agreement), and if it is unclear from the face of 
the deposit copy(ies) which author created what authorship and on what basis, the 
applicant should provide that information in the Author Created field of the online 
application or the Nature of Authorship space of the paper application. Such claims may 
require multiple separate applications to register the derivative authorship (e.g., an 
application for the pencil drawings and a separate application for the coloring of the 
preexisting drawings). 
In some cases, comic book publishers license the use of another party’s characters and 
stories. In other cases, the publisher creates the stories, but the characters have been 
licensed. In such cases, the applicant should exclude the licensed characters and/or 
stories from the claim by stating “licensed character” or “licensed character and 
storyline” in the Material Excluded / Preexisting Materials field/space. The claimant 
should not name the licensor of the preexisting characters and/or stories as an author of 
the new text and artwork in the comic book.  
The registration specialist will communicate with the applicant if the authorship or 
ownership information provided in the application is unclear or inconsistent with other 
statements in the application, the deposit copy(ies), or industry practice. In addition, the 
specialist may question whether a given work is a collective work or joint work, rather 
than a work consisting of separately owned contributions or works. 
The Office will not register mere reprints, reissues, re-inks/letters/colors, or previously 
published, or previously registered comic books, unless the author contributed new 
copyrightable authorship in compiling, adapting, or changing the preexisting content. 
  913  Prints 
Prints include a wide variety of pictorial and graphic works, such as greeting cards, 
postcards, posters, decals, stationery, illustrations, and other abstract and 
representational designs. This category also includes advertisements, billboards, 

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brochures, and other two-dimensional works “intended for use in advertising and

commerce.” H.R. REP. NO. 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N at 5667.

The U.S. Copyright Office may register a print if it contains at least a minimum amount of

original pictorial or graphic authorship. In making this determination, the registration

specialist will not consider the artistic merit, aesthetic value, or intrinsic quality of the

print. See id. Nor will the Office consider the commercial purpose or intended use of the

work. Bleistein v. Donaldson Lithographing Co., 188 U.S. 239, 251 (1903) (“A picture is

none the less a picture and none the less a subject of copyright that it is used for an

advertisement.”).

A copyright claim cannot be based solely on mere variations of typographic

ornamentation, lettering, or coloring. 37 C.F.R. § 202.1(a). Likewise, the mere

arrangement of type on a page or website cannot support a copyright claim, unless the

overall arrangement produces an original pictorial or graphic design, such as a visual

representation of a person or product.

914 Trademarks, Logos, and Labels

914.1 Copyrightable Authorship in Trademarks, Logos, and Labels

A visual art work that is used as a trademark, logo, or label may be registered if it

satisfies “the requisite qualifications for copyright.” 37 C.F.R. § 202.10(b). The

authorship in the work may be pictorial, graphic, or in rare cases sculptural, or the work

may contain a combination of these elements. When reviewing an application to register

a trademark, logo, or label the U.S. Copyright Office will examine the work to determine

if it embodies “some creative authorship in its delineation or form.” Id. § 202.10(a).

However, the Office will not consider whether the work has been or can be registered

with the U.S. Patent and Trademark Office. Id. § 202.10(b).

The copyright law covers the creative aspects of a pictorial, graphic, or sculptural work,

regardless of whether the work has been used or is capable of being used as an indicator

of source. Unlike trademark law, copyright law is not concerned with consumer

confusion and a trademark, logo, or label may be eligible for copyright protection

regardless of whether the work is distinctive or whether consumers may be confused by

the use of that work. In other words, a visual art work may be distinctive in the

trademark sense, even if it does not qualify as a work of original authorship in the

The Office typically refuses to register trademarks, logos, or labels that consist of only

the following content:

• Wording.

• Mere scripting or lettering, either with or without uncopyrightable ornamentation.

• Handwritten words or signatures, regardless of how fanciful they may be.

• Mere spatial placement or format of trademark, logo, or label elements.

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•  Uncopyrightable use of color, frames, borders, or differently sized font. 
•  Mere use of different fonts or colors, frames, or borders, either standing alone or in 
combination. 
Example:  
•  Lori Lewis submits a logo consisting of two letters linked together 
and facing each other in a mirror image, and two unlinked letters 
facing each other and positioned perpendicular to the linked letters. 
The registration specialist will refuse to register this work because 
letters alone cannot be registered, and there is insufficient creativity 
in the combination and arrangement of these elements. See Coach, 
Inc. v. Peters, 386 F. Supp.2d 495, 498 (S.D.N.Y. 2005). 
  914.2  Application Tips for Trademarks, Logos, and Labels 
When completing an application for a trademark, logo, or label, applicants should 
describe the pictorial, graphic, or sculptural authorship that the author contributed to 
the work. Applicants should avoid using vague terms, such as “trademark design,” “trade 
dress design,” “mark,” “logo,” “logotype,” or “symbol.” Likewise, applicants should avoid 
using the following terms which may be questioned by the registration specialist: 
“composite work,” “collective work,” “selection and arrangement,” “look and feel,” 
“distinctive,” “distinctiveness,” “totality of design,” or “total concept and feel.”  
  915  Catalogs 
For purposes of copyright registration, catalogs are considered compilations of 
information or collective works that contain written descriptions and/or pictorial 
depictions of two- or three-dimensional products. Catalogs generally contain 
copyrightable pictorial and/or literary authorship, and they also may contain 
copyrightable authorship in the selection, coordination, and/or arrangement of 
copyrightable or uncopyrightable elements.  
The photographs within a catalog may be registered together with the catalog as a 
whole (i) if the photographs and the catalog were created by the same author, or (ii) if 
the copyright claimant owns all of the rights in the photographs and the compilation 
authorship involved in creating the catalog as a whole, and (iii) if the photographs have 
not been previously published or previously registered. However, a claim in the 
photographs does not extend to the actual works or objects depicted in those images. 
A catalog may be registered as a compilation of photographs or a collective work 
consisting of photographs if there is a sufficient amount of creative expression in the 
author’s selection, coordination, and/or arrangement of the images. However, a catalog 
is not considered a compilation of the works or objects depicted in those photographs, 
nor is it considered a collective work consisting of the works or objects depicted therein. 
Accord Registration of Claims to Copyright, 77 Fed. Reg. 37,605, 37,606 (June 22, 2012). 
As a result, a registration for a catalog generally does not extend to the works or objects 
shown in that work, even if they are eligible for copyright protection and even if the 
claimant owns all of the rights in those works or objects. Instead, the registration 

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extends only to the pictorial authorship involved in creating the images, and the

authorship involved in selecting, coordinating, and/or arranging those images within

the catalog as a whole. See 17 U.S.C. § 113(b).

By contrast, if the applicant submits individual photographs or pictorial illustrations of a

two- or three-dimensional work (as opposed to a catalog depicting a two- or three-

dimensional work), the registration may cover the pictorial or sculptural authorship

that the author contributed to that work if it is clear that the individual photographs or

illustrations are being used as identifying material for the work depicted therein and

that the applicant is not attempting to register the authorship involved in creating the

images themselves. For information concerning the types of works that may be

registered with identifying material, see Chapter 1500, Section 1506. As a general rule, it

is not possible to register a group of pictorial, graphic, or sculptural works with one

application, one filing fee, and a submission of identifying material. Instead, the

applicant generally must submit a separate claim for each work. However, there are two

limited exceptions to this rule.

• If the works are unpublished it may be possible to register them as a group of

unpublished works. Photographs or illustrations of the two- or three-dimensional

works may be used as identifying material in this situation. In such cases, the

applicant should assert a claim in the works depicted in those images rather than

the authorship involved in creating the images themselves.

• If the works were physically bundled together for distribution to the public as a

single, integrated unit and if all the works were first published in that integrated

unit, it may be possible to register them using the unit of publication option.

When a group of photographs are published in a catalog, the works depicted therein are

considered published, regardless of whether they are two- or three-dimensional.

However, the fact that a group of works were published in the same catalog does not

mean that the catalog constitutes a unit of publication or that the works may be

registered together with the unit of publication option.

A unit of publication is a package of separately fixed elements and works that are

physically bundled together by the claimant for distribution to the public as a single,

integrated unit. The unit must contain an actual copy of the works and the works must

be distributed to the public as an integral part of the unit. A unit that merely contains a

representation of the works, or merely offers those works to the public (without

actually distributing them) does not satisfy this requirement. For example, a boxed set

of fifty different greeting cards sold as a package to retail purchasers would qualify as a

unit of publication. By contrast, a catalog offering fifty different greeting cards for

individual purchase would not be considered a unit of publication, even if all of the cards

may be ordered from the catalog for a single price. Although a catalog may offer multiple

items for sale to the public, the catalog itself does not qualify as a unit of publication,

because the items themselves are not packaged together in the catalog for actual

distribution to the public.

For a general discussion of compilations and collective works, see Chapter 500, Sections

508 and 509. For detailed information concerning the unit of publication option and the

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group registration option for unpublished works, see Chapter 1100, Sections 1103 and

1106

916 Retrospective Works and Exhibition Catalogs

Retrospective works are published books, websites, or other works that review or look

back on the career of a visual artist. Exhibition catalogs are catalogs, brochures, or other

works that contain copies of works featured in a particular exhibition or other works by

the same visual artist(s). Both retrospective works and exhibition catalogs typically

contain both new and preexisting authorship.

The new authorship is usually prepared expressly for the retrospective work or the

exhibition catalog, and may include elements such as an introduction, critical essays,

photographs, annotated bibliographies, chronological timelines, and the like.

As for the visual artist’s works, retrospective works and exhibition catalogs usually

contain (i) works that were published before they appeared in the new work, and (ii)

other works that have never been sold or otherwise published or publicly exhibited

before they appeared in the new work.

When a previously unpublished work is first published in a retrospective work or

exhibition catalog, the fact that the work has been published will affect the subsequent

registration options for that work. For this reason, artists may want to consider

registering their pictorial, graphic, or sculptural works prior to authorizing their

depiction in a retrospective work or exhibition catalog.

To register a retrospective work or exhibition catalog, the applicant should limit the

claim to the new content that was prepared specifically for that work, such as new

artwork, essays, photographs, indexes, chronologies, bibliographies, or the like. Any

artwork that was previously registered, published, or in the public domain should be

excluded from the claim using the procedures described in Chapter 600, Section 621.8.

In all cases, the applicant should anticipate that the registration specialist will raise

questions about the ownership and first publication provenance of artwork depicted in

a retrospective work or exhibition catalog. Therefore, when completing the application,

the applicant should provide as much information about those works as possible.

917 Art Reproductions

917.1 Copyrightable Authorship in Art Reproductions

A reproduction of a work of art or a two-dimensional art reproduction may be protected

as a derivative work, but only if the reproduction contains new authorship that does not

appear in the original source work. This category includes hand painted reproductions

(typically on canvas); plate, screen, and offset lithographic reproductions of paintings;

Giclée prints; block prints; aquaprint; artagraph; among other forms of expression.

An exact copy of a source work is not eligible for copyright protection, because it is akin

to a purely mechanical copy and includes no new authorship, regardless of the process

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used to create the copy or the skill, craft, or investment needed to render the copies. For

the same reason, a reproduction of a work of art cannot be protected based solely on the

complex nature of the source work, the apparent number of technical decisions needed

to produce a near-exact reproduction, or the fact that the source work has been

rendered in a different medium. For example, the U.S. Copyright Office will not register

the following types of works:

• Reproductions of purely textual works.

• Reproductions in which the only changes are to the size or font style of the text in an

underlying work.

• Mere scans or digitizations of texts or works of art.

• Reproductions in which the only change from the original work is a change in the

printing or manufacturing type, paper stock, or other reproduction materials.

• Preservation and restoration efforts.

• Any exact duplication, regardless of the medium used to create the duplication (e.g.,

hand painting, etching, etc.).

The Office will register any new and creative authorship that is fixed in an art

reproduction. However, the registration specialist will not assume that all such works

embody new, registrable authorship. In addition, the specialist will communicate with

the applicant if the application refers to a new process previously unknown to the Office,

or if it appears that the author made no more than a high quality copy of the source

work.

917.2 Application Tips for Art Reproductions

917.2(A) Distinguishing Art Reproductions from the Source Work and Identifying

Material

To register a reproduction of a work of art, the applicant should fully describe the new

authorship that the author contributed to the source work. As a general rule, the terms

“2-D artwork” or “reproduction of work of art” may be used to describe the authorship

involved in recasting, transforming, or adapting the source work. When completing an

online application the applicant should provide this information in the Author Created

field. When completing a paper application, the applicant should provide this

information in the Nature of Authorship space. In addition, applicants are strongly

encouraged to provide a clear description of the new authorship that the author

contributed to the reproduction using specific terms that distinguish the new

authorship from the source work. This information may be provided in the Note to

correspondence that could delay the examination of the application.

The applicant should not refer to the authorship in the source work that has been recast,

transformed, or adapted by the author of the print or reproduction. Likewise, the

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applicant should not refer to the type of identifying material that the applicant intends 
to submit to the Office. For example, if the applicant intends to register a lithographic 
reproduction of a preexisting painting, the applicant should clearly describe the new 
artwork that the author contributed to that reproduction. The author should not refer to 
the preexisting painting that is depicted in the lithograph. If the applicant intends to 
submit a photograph of the lithograph as the identifying material for the claim, the 
applicant should not refer to the reproduction as a “photograph.” If the applicant states 
“photograph” the registration specialist may assume that the applicant intends to 
register the authorship involved in taking the photograph of the lithograph, rather than 
the authorship involved in creating the reproduction of the preexisting painting. 
  917.2(B)  Authorship Unclear 
Applicants should not use vague terms to describe the new authorship that the author 
contributed to an art reproduction. Likewise, applicants should not use terms that 
merely describe the tools or methods that the author used to create the work, such as 
“computer print,” “computer reproduction,” “block print,” “offset print,” “print,” or 
“photoengraving,” because this suggests that the applicant may be asserting a claim in 
an idea, procedure, process, system, method of operation, concept, principle, or 
discovery. 
If the author merely painted over areas of the source work, the registration specialist 
may communicate with the applicant if it appears that the applicant is attempting to 
register the authorship (if any) involved in restoring the source work to its original 
condition. 
  918  Installation Art 
The U.S. Copyright Office generally discourages applicants from using the term 
“installation art” in applications to register visual art works. Applicants use this term for 
a wide variety of artistic endeavors and it has many broad, ambiguous meanings. 
Because this term is unclear, the registration specialist may communicate with 
applicants if they describe a pictorial, graphic, or sculptural work as “installation art.”  
Instead, applicants should identify any copyrightable content in the work and should 
describe that content using terms such as “sculpture,” “painting,” “photographs,” or the 
like. This is true even if the overall installation itself is a registrable work of authorship. 
In such cases the applicant should use accepted terms to describe the work, such as “a 
series of sequentially and thematically related photographs interspersed with drawn 
and painted images to create a larger work of authorship.” 
  919  Maps 
Maps may be protected under the copyright law as pictorial works or sculptural works, 
depending on whether the work contains two- or three-dimensional authorship. Indeed, 
maps were among the first works that were eligible for copyright protection under the 
1790 Act. This Section discusses certain issues that commonly arise in connection with 
such works. 

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919.1 Copyrightable Authorship in Maps

Maps are cartographic or visual representations of an area. Examples include terrestrial

maps and atlases, marine charts, celestial maps, as well as three-dimensional works,

such as globes and relief models. A map may represent a real or imagined place, such as

a map in a book or videogame that depicts a fictional country.

Maps are not considered useful articles for purposes of registration, because their only

utilitarian function is to convey information. 17 U.S.C. § 101 (definition of “useful

article”). As such, they are not subject to the separability test described in Section 924.3.

The U.S. Copyright Office will register maps, globes, and other cartographic works if they

display a sufficient amount of original pictorial or sculptural authorship.

The Office may register an original selection, coordination, and/or arrangement of

cartographic features, such as roads, lakes, or rivers, cities, or political or geographic

boundaries. But to be copyrightable, the work as a whole must be creative. In making

this determination, the Office will not consider the amount of effort required to create

the work, such as surveying or cartographic field work.

919.2 Derivative Maps

Maps are often based on one or more preexisting works. A derivative map may be

eligible for registration if the author added a sufficient amount of new authorship to the

preexisting material, such as creative depictions of new roads, historical landmarks, or

zoning boundaries.

If the map contains an appreciable amount of material that has been previously

published, previously registered, material that is in the public domain, or material that is

owned by a third party, the applicant should exclude that material from the claim and

should limit the claim to the new copyrightable authorship that the author contributed

to the derivative map. For guidance in completing this portion of the application, see

Chapter 600, Section 621.8.

The U.S. Copyright Office will refuse to register a derivative map if the work does not

contain a sufficient amount of new authorship. For instance, “[a]dditions to …

preexisting maps such as color, shading, and labels using standard fonts and shapes fall

within the narrow category of works that lack even a minimum level of creativity”

required for registration. Darden v. Peters, 488 F.3d 277, 287 (4th Cir. 2007). Reprints of

public domain maps or previously published materials are not registrable. Similarly,

maps that consist solely of public domain elements, common elements, or elements that

contain no original compilation authorship are not registrable, such as an outline map of

the United States containing nothing more than the names of the state capitals.

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 and templates provide outlines and shapes that may be

used for other purposes, such as a stencil of leaves that may be used for painting a

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border on a wall or a template of petals that may be used to create paper flowers. This

Section discusses certain issues that commonly arise in connection with such works.

920.1 Patterns for Making Articles

The drawings and text in a pattern book may be copyrightable, if they are sufficiently

original. This may include textual instructions, technical diagrams that demonstrate

cutting, stitching, weaving, or other techniques required by the pattern, as well as

illustrations of the completed items.

Pattern books are not considered useful articles for purposes of registration, because

typically their only utilitarian function is to convey information. 17 U.S.C. § 101

(definition of “useful article”). But as a general rule, a registration for a pattern book

does not extend to individual pattern pieces that may be used to create a useful article,

such as shapes that may be traced and used to make a sleeve for a dress, because the

pieces themselves are also useful articles that rarely contain any separable,

copyrightable authorship. See 17 U.S.C. § 113(b). For similar reasons, the registration

does not extend to any useful article that may be created with the pattern, such as an

item of clothing. For a general discussion of useful articles, see Section 924.

920.2 Stencils and Templates

Stencils and templates are patterns for tracing, trimming, or cutting designs or other

items depicted by the stencil or template.

Stencils and templates are useful articles, because they have an intrinsic utilitarian

function, namely, tracing, printing, transferring, or reproducing the design depicted

within the stencil or template. As such, they are subject to the separability test described

in Section 924.3.

Many two-dimensional graphic designs easily satisfy this test because they can be

imagined “as separable from the utilitarian aspects of” the stencils or templates. H.R.

REP. NO. 94-1476, at 55 (for example, “[a] two-dimensional painting [or] drawing . . .

printed on or applied to utilitarian articles such as textile fabrics, wallpaper, containers,

and the like”).

The U.S. Copyright Office may register a pictorial, graphic, or sculptural work that can be

created with a stencil or template if that design contains a sufficient amount of original

expression. Likewise, the Office may register a compilation of original designs, such as a

stencil book that contains a creative selection, coordination, and arrangement of artistic

images of animals, trees, and automobiles. However, the Office will refuse to register

designs consisting of common figures, symbols, or other uncopyrightable material,

including any standard arrangements thereof.

920.3 How-To Books, Project Books, and Crafts-Making Books

A how-to book explains how to perform certain skills and techniques. These types of

works generally do not contain pattern pieces or parts, because they are intended to

teach a craft or technique rather than provide instructions on making a specific item.

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How-to books typically contain text, photographs, and technical diagrams, which may be 
protected by copyright law if they are sufficiently creative. However, the “project” or 
“craft” as a whole — even if it is original — is merely an idea that is not copyrightable. 
17 U.S.C. § 102(b). The U.S. Copyright Office will reject nonspecific claims in project 
ideas or project design. 
  920.4  Application Tips for Patterns, Stencils, and How-To Books 
To register a pattern, stencil, or how-to book, the applicant should describe the 
copyrightable content in the deposit using terms such as “text, “2-D artwork,” 
“photograph,” or “technical drawing,” as applicable. Applicants should not assert a claim 
in “pattern,” “project,” “activity,” or “craft.”  
If the deposit copy(ies) identify the author or designer of the projects, crafts, or designs 
and if that author is not named in the application, the applicant should explain how the 
claimant acquired ownership of the copyright by checking the work made for hire box 
“yes” (if the work qualifies as a work made for hire) or by including an appropriate 
transfer statement. For guidance in completing these portions of the application, see 
Chapter 600, Sections 614 and 620. 
  921  Graphs, Charts, Tables, and Figures 
The copyright law does not protect blank graphs, charts, tables, and figures that are 
designed for recording information and do not in themselves convey information. These 
types of works are not copyrightable, because they rarely contain more than a de 
minimis amount of authorship other than that necessary to implement the underlying 
method, technique, or idea. For the same reasons, the ideas for graphs, charts, tables, 
and figures or the overall design of a graphing, charting, or tabling method or template 
are not copyrightable. See 37 C.F.R. § 202.1(c). 
The U.S. Copyright Office will not register a blank graph, chart, table, or figure if the 
claim is based solely on standard color variations, such as the mere addition of only a 
few standard colors. See id. § 202.1(a). However, the Office will register any 
copyrightable expression presented in a graph, chart, table, or figure, such as a 
copyrightable compilation of data, facts, or information. Additionally, the Office will 
register sufficiently expressive text that describes, explains, and/or interprets a 
particular graphing, charting, or tabling method. 
Examples:  
•  Gary Grant creates a pie chart that presents demographic 
information on five generations of a selected family. Gary files an 
application asserting a claim in “two-dimensional artwork, text, and 
chart.” The pie chart, in and of itself, is not copyrightable and cannot 
be registered. The registration specialist will communicate with the 
applicant and ask him to limit the claim to any registrable textual or 
compilation authorship. 
•  Gayle Giles creates a columnar table that records information about 
her son’s physical and intellectual growth in ten selected categories. 

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Gayle includes text and photographs throughout the table. Gayle 
files an application asserting a claim in “design, text, photographs, 
and two-dimensional artwork.” The registration specialist will ask 
the applicant to limit the claim to the text, photographs, and the 
compilation of data to the extent that the selection and arrangement 
are original. 
See generally Registration of Claims to Copyright: Notice of Termination of Inquiry 
Regarding Blank Forms, 45 Fed. Reg. 63,297 (Sept. 24, 1980). 
  922  Technical and Scientific Drawings 
Technical and scientific drawings include mechanical drawings, engineering diagrams, 
and similar works. The U.S. Copyright Office will register these types of works if they 
contain a sufficient amount of original pictorial or graphic material.  
Technical drawings are not considered useful articles for purposes of registration, 
because their only utilitarian function is to convey information or merely portray the 
appearance of the object depicted in the drawing. 17 U.S.C. § 101 (definition of “useful 
article”). As such, they are not subject to the separability test described in Section 924.3. 
When the Office registers a technical or scientific drawing, the registration covers only 
the drawing itself and does not “extend to 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). 
Likewise, a registration for a technical drawing does not provide copyright protection 
for any useful article depicted in the drawing. See 17 U.S.C. § 113(b).  
Examples:  
•  Terence Town creates five drawings that show the same screw from 
different perspectives (e.g., top-down, bottom-up, left elevation, 
right elevation, and a close-up of the screw’s grooves). Terence files 
an application that asserts a claim in “technical drawing.” The 
drawings do not provide information concerning the 
measurements, specifications, or other information concerning the 
size, design, or material composition of the screw depicted therein. 
The registration specialist may register the claim. The registration 
covers the drawings, but not the screw itself. 
•  Teresa Todorov submits several drawings that contain 
specifications and information concerning the fastener depicted 
therein. The applicant asserts a claim in a “technical drawing and 
text” as well as “technical drawing and compilation.” The 
registration specialist may ask the applicant to limit the claim to 
“technical drawing,” because this term adequately describes the 
authorship in the drawings together with the compilation of 
information and data concerning the depicted object. The specialist 
would accept a claim in “text” only if the drawing contained 

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adequate descriptive or informational textual matter other than

mere numbers, measurements, descriptive words and phrases, or

the like.

923 Models

For purposes of copyright registration, a model is a three-dimensional replica or

depiction of an object or design, such as a replica of a car or a model of an architectural

design. Models are typically protected under U.S. copyright law as sculptural works,

although they also may include pictorial or graphic elements. This Section discusses

certain issues that commonly arise in connection with such works.

923.1 Copyrightable Authorship in Models

Models may be replicas or depictions of either artistic or utilitarian objects. Models

themselves, however, are not considered useful articles for purposes of registration,

because their only utilitarian function is to convey information or merely portray the

appearance of the object depicted in the model. 17 U.S.C. § 101 (definition of “useful

article”). Similarly, children’s toys – such as model airplanes – are not themselves

typically considered useful articles, because they merely portray the item that the toy

represents. See Gay Toys, Inc. v. Buddy L. Corp., 703 F.2d 970, 973 (6th Cir. 1983).

Because they are not useful articles, models and toys are not subject to the separability

test described in Section 924.3.

A replica of an existing useful article or a model of an existing architectural work may be

protectable if it includes a sufficient amount of original authorship and if it contains

some original differences from the object depicted. Star Athletica, 137 S. Ct. at 1010

(acknowledging that “a replica [of a useful article] could itself be copyrightable”).

Specifically, 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. See Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d

1258, 1265 (10th Cir. 2008) (Gorsuch, J.) (declining to extend copyright protection to

digital wire frame models that depicted “nothing more than unadorned Toyota vehicles

– the car as car”).

The copyright law does not protect models that are exact replicas of the source work,

regardless of how much skill or labor was involved in creating the work. 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. See id. at 1270 (“If the basic design

reflected in a work of art does not owe its origin to the putative copyright holder, then

that person must add something original to that design, and then only the original

addition may be copyrighted.”); see also ATC Distribution Group, Inc. v. Whatever It Takes

Transmissions & Parts, Inc., 402 F.3d 700, 712 (6th Cir. 2005) (finding “hand-drawn

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sketches of transmission parts, copied from photographs” not copyrightable because

“the illustrations were intended to be as accurate as possible in reproducing parts

shown in the photographs . . . a form of slavish copying that is the antithesis of

originality”).

Although a replica of a useful article “could itself be copyrightable,” the copyright in that

model does not “give rise to any rights in the useful article that inspired it.” Star

Athletica, 137 S. Ct. at 1010. In other words, one cannot “claim a copyright in a useful

article merely by creating a replica of that article in some other medium,” such as “a

cardboard model of a car.” Id. And the copyright in a model that portrays a useful article

does not extend to the manufacture, distribution, or display of the useful article itself.

See 17 U.S.C. § 113(b); H.R. REP. NO. 94-1476, at 105 (1976), reprinted in 1976

U.S.C.C.A.N at 5720.

923.2 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

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 replica of a useful article or an

uncopyrightable object.

924 Copyright Law Protects the Design Aspects of a Useful Article

“The statute does not protect useful articles as such.” Star Athletica, 137 S. Ct. at 1008.

Nor does it protect the overall form, shape, or configuration of a useful article. See id. at

1010, 1014. But the pictorial, graphic, or sculptural features of the design of a useful

article may be eligible for copyright protection if those features can be identified

separately from, and are capable of existing independently of, the utilitarian aspects of

the article. See id. at 1007.

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Congress, the Supreme Court, and the U.S. Copyright Office interchangeably refer to 
“useful articles” as “useful objects,” “industrial articles,” “industrial products,” or 
“industrial designs.” Star Athletica, 137 S. Ct. at 1007; Mazer, 347 U.S. at 218-19; H.R. 
REP. NO. 94-1476, at 55 (1976), reprinted in 1976 U.S.C.C.A.N. at 5668; REPORT OF THE 
REGISTER OF COPYRIGHTS ON THE GENERAL REVISION OF THE U.S. COPYRIGHT LAW at 12 (1961). 
“The line between art and industrial design . . . is often difficult to draw.” Star Athletica, 
137 S. Ct. at 1007. The Copyright Act protects “applied art,” which is defined as “art 
employed in the decoration, design, or execution of useful objects, or those arts or crafts 
that have a primarily utilitarian function, or the designs and decorations used in these 
arts.” Id. at 1014 (quotations and citations omitted); H.R. REP. NO. 94-1476, at 54 (noting 
that “works of ‘applied art’ encompass all original pictorial, graphic, and sculptural 
works that are intended to be or have been embodied in useful articles”), reprinted in 
1976 U.S.C.C.A.N at 5667.  
But the statute draws a clear distinction “between copyrightable works of applied art 
and uncopyrighted works of industrial design.” H.R. REP. NO. 94-1476, at 55, reprinted in 
1976 U.S.C.C.A.N. at 5668. Specifically, the “design of a useful article shall be considered 
a pictorial, graphic, or sculptural work only if, and only to the extent that, such design 
incorporates pictorial, graphic, or sculptural features that can be identified separately 
from, and are capable of existing independently of, the utilitarian aspects of the article.” 
17 U.S.C. § 101 (definition of “pictorial, graphic, and sculptural works”). 
N O T E:  As mentioned in Section 906.10, the copyright law also limits the scope of 
protection for works of artistic craftsmanship. Specifically, the law protects the “form” of 
a work of artistic craftsmanship, but it does not protect “the mechanical or utilitarian 
aspects” of such works. Id. “Works of artistic craftsmanship” and the design of a useful 
article are considered separate and distinct categories of authorship for purposes of 
registration. For a detailed discussion of the differences between these types of works, 
see Section 925.3.  
This Section provides a definition and discussion of the terms “useful article” and the 
“design of a useful article.” It describes the “separability test,” which is a “special rule for 
copyrighting a pictorial, graphic, or sculptural work [that has been] incorporated into a 
‘useful article.’” Star Athletica, 137 S. Ct. at 1008, 1011. It also discusses issues that 
commonly arise in connection with such works. 
  924.1  What Is a Useful Article? 
The Copyright Act defines a useful article as “an article having an intrinsic utilitarian 
function that is not merely to portray the appearance of the article or to convey 
information.” 17 U.S.C. § 101. 
Common examples of useful articles include: 
•  Machinery, such as generators, lathes, and cement mixers. 
•  Tools and implements, such as hammers, shovels, and saws.  

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• Instruments, such as hypodermic needles, scalpels, calipers, and hair clippers.

• Measuring and computing devices, such as rulers, calculators, and thermometers.

• Vehicles, such as automobiles, airplanes, and boats.

• Household appliances, such as refrigerators, stoves, toasters, food processors,

vacuum cleaners, washing machines, air conditioners, clocks, and television sets.

• Household fixtures, such as bathtubs and sinks.

• Furniture, carpets, and curtains.

• Lamps and lighting fixtures.

• Tableware, glassware, and bowls.

• Kitchen utensils, such as pots and pans.

• Bottles, pitchers, and other containers.

• Textile fabrics.

• Articles of clothing.

• Footwear.

• Measuring tape.

• Eye charts and vision tests.

• Shooting targets.

• Instrument panels that operate a thermostat or other electrical or mechanical

device.

• Stencils, templates, and pattern pieces.

The statute also provides that “[a]n article that is normally part of a useful article is

considered a ‘useful article.’” Id. For example, the bezel on a wristwatch or a knob on a

stove are useful articles, because they are inherently useful and they are intended to be

used as part of a larger useful article.

By definition, a useful article must have “an intrinsic utilitarian function.” Id. An article’s

intrinsic utilitarian function is an indispensable characteristic of the article itself. This

useful function is objectively observable or perceivable from the appearance of the item

and is an inherent part of its very nature. For instance, chairs are inherently useful

because they provide a place to sit, lamps are inherently useful because they provide

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illumination, and the “shape, cut, and dimensions” of an article of clothing is inherently

useful because it covers the body. Star Athletica, 137 S. Ct. at 1015-16.

Not all items that may be described as “useful” are “useful articles” under the Copyright

Act:

• An item that merely conveys information is not considered a useful

article, even if that information is inherently useful. See 17 U.S.C. §

101 (definition of “useful article”). This includes maps, charts,

graphs, x-rays, and works of a similar nature.

• An item is not considered a useful article if it merely portrays the

appearance of a useful article. See id. This includes models, technical

drawings, and other works that depict a useful article in two or

three dimensions, such as René Magritte’s Ceci n'est pas une pipe.

• A pictorial, graphic, or sculptural work that does not have an

intrinsic utilitarian purpose is not considered a useful article, even if

it could potentially be used in a functional manner. For example, a

sculpture does not become a useful article simply because it could

potentially be used as a doorstop or a coat rack.

• Literary works, motion pictures, audiovisual works, architectural

works, musical works, dramatic works, pantomimes, and

choreographic works are not considered useful articles for purposes

of registration, no matter how useful or functional they may be.

In determining whether an article does – or does not – have an intrinsic utilitarian

function, the U.S. Copyright Office focuses solely on the article itself and applies purely

objective criteria. The Office will consider the inherent, undeniable qualities or

characteristics of the article, but will not consider the subjective intent or subjective

reaction of any person in relation to that article. See Brandir International, Inc. v. Cascade

Pacific Lumber Co., 834 F.2d 1142, 1145 (2d Cir. 1987) (“The work itself will continue to

give ‘mute testimony’ of its origins.”); Carol Barnhart, Inc. v. Economy Cover Corp., 773

F.2d 411, 414 (2d Cir. 1985) (“[T]he ‘mute testimony’” of a useful article puts a court “in

as good a position as the Copyright Office to decide the issue”).

As with any other pictorial, graphic, or sculptural work, the Office will not consider the

process or materials used to create the work, or the number of copies that have been

made. 37 C.F.R. § 202.10(a). In particular, the Office will not consider the author’s state

of mind concerning the intended use of the article. Mazer, 347 U.S. at 218; Star Athletica,

137 S. Ct. at 1015; 37 C.F.R. § 202.10(a). Nor will the Office consider the marketability or

commercial value of the article. See Star Athletica, 137 S. Ct. at 1015; H.R. Rep. No. 94-

1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. at 5667.

For additional information concerning the factors that the Office will and will not

consider when evaluating the design of a useful article, see Section 924.5.

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  924.2  What Is the Design of a Useful Article? 
The “design” of a useful article refers “to the combination of details or features that . . . 
make up the useful article.” Star Athletica, 137 S. Ct. at 1009. 
As discussed in Section 924, the design of a useful article may be “considered a pictorial, 
graphic, or sculptural work only if, and only to the extent that, such design incorporates 
pictorial, graphic, or sculptural features that can be identified separately from, and are 
capable of existing independently of, the utilitarian aspects of the article.” 17 U.S.C. § 
101. 
In making this determination, the U.S. Copyright Office applies the separability test set 
forth in Star Athletica, LLC, v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017), which is 
described in more detail in Section 924.3. This test is based on the text of section 101 – 
“giving each word its ordinary, contemporary, common meaning” – and based on “the 
provisions of the whole law” that give “instruction as to its meaning.” Id. at 1008, 1010, 
1014 (acknowledging but declining to apply alternate tests). 
Congress and the Supreme Court made clear that the Copyright Act does not provide 
protection for useful articles in and of themselves. Likewise, copyright law does not 
protect the overall form, shape, or configuration of a useful article, no matter how 
aesthetically pleasing it may be. See id. at 1010, 1014. Thus, if a useful article does not 
contain any features that can be separated from the utilitarian aspects of the article or 
the overall shape of the article, the Office will refuse to register the claim. See id. at 1007; 
H.R. REP. NO. 94-1476, at 55 (1976), reprinted in 1976 U.S.C.C.A.N. at 5668 (“[A]lthough 
the shape of an industrial product may be aesthetically satisfying and valuable, the 
Committee’s intention is not to offer it copyright protection under the bill.”). 
  924.3  The Separability Test 
To determine whether the design of a useful article may be eligible for copyright 
protection, the U.S. Copyright Office applies a two-step test. 
First, the Office will examine the item for any features that “can be perceived as a two- 
or three-dimensional work of art separate from the useful article.” Star Athletica, 137 S. 
Ct. at 1007. This is known as the “separate-identification” requirement. Id.  
Second, the Office will determine if that feature “would qualify as a protectable pictorial, 
graphic, or sculptural work – either on its own or fixed in some other tangible medium 
of expression – if it were imagined separately from the useful article into which it is 
incorporated.” Id. This is known as the “independent-existence” requirement. Id. 
These requirements are discussed in more detail in Sections 924.3(A) and 924.3(B). 
N O T E:  As a general rule, the Office will not consider the originality of the design when 
applying the first or second part of the separability test. In other words, the registration 
specialist will determine if the design can be identified separately from, and is capable of 
existing independently of, the utilitarian aspects of the article. Then the specialist will 
determine if the design contains a sufficient amount of creative expression to warrant 

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registration. For information concerning when and how the Office will apply the

originality test to the design of a useful article, see Section 924.4.

924.3(A) The Separate-Identification Requirement

The first part of the separability test “is not onerous.” Star Athletica, 137 S. Ct. at 1010.

As a preliminary matter, the registration specialist will review the item depicted in the

identifying material to determine if it is a useful article. In addition, the specialist will

determine if any part of the article has an intrinsic utilitarian function, and as such,

should also be considered a useful article. See 17 U.S.C. § 101 (definition of “useful

article”). The criteria used in making these determinations are summarized in Section

924.1.

“The statute requires separability analysis for any ‘pictorial, graphic, or sculptural

features’ incorporated into the ‘design of a useful article.’” Star Athletica, 137 S. Ct. at

1009 (emphasis added). That necessarily means that the Office must apply the

separability test in all cases, even if the design only appears on part of a useful article.

If the item or part of the item appears to be a useful article, the specialist will look at the

article to determine if he or she can “spot some two- or three- dimensional element that

appears to have pictorial, graphic, or sculptural qualities.” Id. at 1010.

In this context, “pictorial” and “graphic” qualities may include pictures, drawings,

illustrations, or other two-dimensional artwork. Id. at 1009. Sculptural qualities may

include carvings, engravings, moldings, or other three-dimensional artwork.

If the useful article appears to have some pictorial, graphic, or sculptural qualities, the

specialist will proceed to the second part of the separability test, which is described in

Section 924.3(B). If the specialist is unable to identify any features that have a pictorial,

graphic, or sculptural quality, he or she will refuse to register the claim.

The following are representative examples of two- and three-dimensional features that

typically satisfy the separate-identification requirement:

• A painting on a dinner plate.

• A portrait painted on a cigar box.

• An artistic print on wrapping paper or a paper bag.

• An artistic pattern woven into a rug.

• A carving on the back of a chair.

• A decorative hood ornament on an automobile.

• Artistic scroll work framed as a fireplace screen.

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For additional examples that help illustrate how the Office applies the separate-

identification requirement, see Sections 924.3(C) through 924.3(F).

924.3(B) The Independent-Existence Requirement

The second part of the separability test is “more difficult to satisfy.” Star Athletica, 137 S.

Ct. at 1010.

The registration specialist must determine if “the separately identified feature has the

capacity to exist apart from the utilitarian aspects of the article.” Id. “In other words, the

feature must be able to exist” as a pictorial, graphic, or sculptural work – “either on its

own or when fixed in some other tangible medium [of expression]” – once it has been

“identified and imagined apart from the useful article.” Id. at 1010, 1012. “If the feature

is not capable of existing as a pictorial, graphic, or sculptural work once [it has been

conceptually] separated from the useful article,” then it is simply one of the “utilitarian

aspects” of the useful article that is not eligible for copyright protection. Id. at 1010.

To be clear, the copyright law does not protect the overall form, shape, or configuration

of the useful article itself. The Supreme Court made it clear that “the separated feature

[must] qualify as a nonuseful pictorial, graphic, or sculptural work on its own.” Id. at

1013. The feature cannot “be a useful article” in and of itself. Id. at 1010. Nor can it be

“[a]n article that is normally a part of a useful article.” Id. (quoting 17 U.S.C. § 101,

definition of “useful article”). And when the feature is conceptually removed from the

useful article and imagined in another medium, it cannot be a replica of the article itself

or a part of it. See id. at 1010, 1012.

The following are representative examples of two- and three-dimensional features that

typically satisfy the independent-existence requirement:

• A work of art printed on a t-shirt.

• An etching on a tray.

• An artistic pattern printed on drapery.

• A statuette used as a lamp base.

• A floral relief design on silver flatware.

• A sculpted figure used as the handle of a letter opener.

For additional examples that help illustrate how the Office applies the independent-

existence requirement, see Sections 924.3(C) through 924.3(F).

924.3(C) Separable Features May Enhance the Functionality of the Useful Article

As discussed in Section 924.3(B), an artistic feature cannot be a useful article in and of

itself, and it cannot be “[a]n article that is normally a part of a useful article.” Star

Athletica, 137 S. Ct. at 1010. But the Supreme Court made it clear that a separable

artistic feature may be copyrightable “even if it makes that [useful] article more useful.”

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Id. at 1014; Mazer, 347 U.S. at 211 (“Verbal distinctions between purely aesthetic

articles and useful works of art ended” in 1870).

To be eligible for copyright protection, an artistic feature must “qualify as a nonuseful

pictorial, graphic, or sculptural work” once that feature “has been imaginatively

separated from the article” and considered entirely “on its own.” Star Athletica, 137 S. Ct.

at 1013, 1014. If that is the case, the feature will satisfy the separability test, even if it

serves a useful purpose when it is incorporated into a useful article.

For example, in Mazer v. Stein, the respondent registered a pair of statuettes, which

were intended to be used as table lamps “with electric wiring, sockets and lamp shades

attached.” 347 U.S. at 202. Pictures of one of these items are shown below.

A lamp is a useful article, because it provides illumination. The lamp base would also be

considered a useful article, because it is normally a part of a lamp, and it has an

intrinsically useful purpose: It supports the bulb, socket, and lamp shade. Applying the

separability test to this element is straightforward. The base is a statuette, and if it was

imagined apart from the lamp it would be considered a sculptural work. The statuette

would not be intrinsically useful if it was conceptually removed from the lamp and

considered on its own. Moreover, this is true even though the statuette could potentially

be used in a functional manner when fitted with a shade, bulb, and wires.

924.3(D) Separable Features May Cover the Entire Surface of a Useful Article

A two- or three-dimensional pattern, picture, or design that has been applied to the

surface of a useful article may be capable of existing on its own as a pictorial, graphic, or

sculptural work.

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Surface ornamentation usually retains its decorative features, regardless of the material

or object to which it is applied. It may be eligible for copyright protection, even if it

covers the entire surface of a useful article. And this artistic expression may be

protected even if it would retain the overall shape of a useful article if that feature was

imaginatively removed from that article.

“Just as two-dimensional fine art corresponds to the shape of the canvas on which it is

painted, two-dimensional applied art correlates to the contours of the article to which it

is applied.” Star Athletica, 137 S. Ct. at 1012. As discussed in Section 924.3(B), an artistic

feature may be protectable if it can be identified and imagined apart from a useful

article. Once the feature has been conceptually separated from the article, the key

question is whether it qualifies as a nonuseful pictorial, graphic, or sculptural work, or

whether it is merely a replica of the article itself.

As the Supreme Court noted, a design etched or painted onto the surface of a guitar may

have pictorial or graphic qualities. “If that entire design is imaginatively removed from

the guitar’s surface and placed on an album cover, it would still resemble the shape of a

guitar. But the image on the cover does not ‘replicate’ the guitar as a useful article.” Id.

Instead, the surface design would be considered a two-dimensional work of art that

simply “corresponds to the shape of the useful article to which it was applied.” Id. In

other words, the design may portray the appearance of a three-dimensional object in

two-dimensional form, but it is not a useful article in and of itself. And if that surface

design is sufficiently creative it could be protected as applied art.

924.3(E) Separating the Design Feature from the Useful Article

To satisfy the separability test, an artistic feature must “qualify as a nonuseful pictorial,

graphic, or sculptural work on its own.” Star Athletica, 137 S. Ct. at 1013. “In other

words, the feature must be able to exist as its own pictorial, graphic, or sculptural

work . . . once it is imagined apart from the useful article.” Id. at 1010.

When applying this test, the U.S. Copyright Office focuses “on the extracted feature and

not on any aspects of the useful article that remain after the imaginary extraction.” Id. at

1013. This means that “some aspects of the useful article” must be “left behind” once the

artistic feature has been “conceptually removed” from that item for copyright protection

to apply. Id. at 1014 (internal quotation marks omitted). It also means that the overall

form, shape, or configuration of a useful article cannot be protected by copyright. Id. at

1010, 1014.

To be clear, the “imagined remainder” does not need to “be a fully functioning useful

article” or an “equally useful” article. Id. In other words, the Office does not need to

imagine a fully functioning useful article “without the artistic feature.” Id. at 1013. Nor

does it need to “imagine a nonartistic replacement for the removed feature” to

determine if that feature is capable of existing apart from the article. Id. at 1014. But to

satisfy the separability test, at least some portion of the useful article must remain in the

viewer’s mind after the artistic feature has been imaginatively removed from the article.

For example, a decorative carving on the back of a chair can be imagined apart from the

utilitarian aspects of the chair itself, because at least some portion of the useful article

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would be left behind, namely, the back, seat, arms, and legs. By contrast, the overall

shape of the chair cannot be imagined apart from the item itself, because it “does not

have the capacity to exist apart from the utilitarian aspects” of that item. Id. Nor does it

have the capacity to exist “on its own” as a sculptural work. Id. at 1013.

See generally H.R. REP. NO. 94-1476, at 55 (citing a carving on the back of a chair as an

example of a separable feature of a useful article), reprinted in 1976 U.S.C.C.A.N. at 5668;

Transcript of Oral Argument at 72-73, Mazer v. Stein, 347 U.S. 201 (1954) (No. 228)

(distinguishing between a piece of furniture and an ornate carving on furniture).

924.3(F) The Overall Shape of a Useful Article Is Not Protectable

Congress provided “limited copyright protection for certain features of industrial

designs.” Star Athletica, 137 S. Ct. at 1007. Specifically, the copyright law only protects

separable “pictorial, graphic, or sculptural features” that are “incorporate[d]” into the

design of a useful article. 17 U.S.C. § 101 (definition of “pictorial, graphic, and sculptural

works”; emphasis added).

As discussed above, the copyright law may protect the shape of a particular feature that

has been incorporated into the design of a useful article if it is separable – meaning that

it can be imagined apart from the utilitarian aspects of that article. But the copyright law

does not protect the overall form, shape, or configuration of the useful article itself, no

matter how pleasing or attractive it may be. See Star Athletica, 137 S. Ct. at 1010

(recognizing that a design feature cannot “be a useful article” in and of itself or “[a]n

article that is normally part of a useful article”); id. at 1014 (stating that “some aspects

of the useful article” must be “left behind” once the artistic feature has been

“conceptually removed” from that article); id. at 1016 (stating that “our test does not

render the shape, cut, and physical dimensions of the [useful article] eligible for

protection does “not cover the over-all configuration of the utilitarian article as such”),

reprinted in 1976 U.S.C.C.A.N. at 5668.

For example, in Esquire, Inc. v. Ringer, the appellant attempted to register “the overall

shape of certain outdoor lighting fixtures.” 591 F.2d 796, 798 (D.C. Cir. 1978). The

“[p]hotographs accompanying the applications showed stationary outdoor luminaries

or floodlights, of contemporary design, with rounded or elliptically-shaped housings.” Id.

These items could not be registered, because they did not contain any “elements, either

alone or in combination, which are capable of independent existence as a copyrightable

pictorial, graphic, or sculptural work.” Id. at 798-99.

The fixtures contained five elements: An elliptical or oblate-shaped housing, a base, an

electrical socket, wires, and a light bulb. See id. at 798 n.2, 806. While these elements –

particularly the housing and the base – can each be imagined in isolation, that is not the

end of the inquiry. These elements are still considered useful articles for purposes of

registration, because they have an “intrinsic utilitarian purpose” and each item is “[a]n

article that is normally a part of a useful article.” 17 U.S.C. § 101 (definition of “useful

article”).

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There is arguably some – albeit minimal – sculptural quality in the overall shape of the 
housing and base. But that shape cannot exist as a standalone sculptural work. If that 
shape was recast in another medium, it would merely be an exact replica of a useful 
article, and unprotectable as a stand-alone sculptural work. See Chapter 300, § 313.4(A). 
Thus for purposes of registration, the overall shape of the base and housing does not 
contain any features that can be identified separately from, or any features that are 
capable of existing independently of, the utilitarian aspects of this useful article.   
N O T E:  Although the Copyright Office would refuse to register a useful article with no 
separable features, it may register the overall shape, form, and configuration of a work 
of artistic craftsmanship if that work is sufficiently creative. For a detailed discussion of 
the differences between a useful article and a work of artistic craftsmanship, see Section 
925.3.   
924.4    The Originality Test 
If the separability test has been satisfied, the U.S. Copyright Office still must determine if 
the design is sufficiently original to warrant registration. See Star Athletica, 137 S. Ct. at 
1012 & n.1 (concluding that the respondent’s surface decorations were separable, but 
“express[ing] no opinion on whether these works are sufficiently original to qualify for 
copyright protection” or “whether any other prerequisite of a valid copyright has been 
satisfied”). 
To be registered, the separable features of a useful article must constitute 
“copyrightable subject matter.” Id. at 1008. The statute defines “copyrightable subject 
matter as ‘original works of authorship fixed in any tangible medium of expression.’” Id. 
at 1008 (quoting 17 U.S.C. § 102(a)). As discussed in Chapter 300, Section 308, the term 
“original” means that the design must be “independently created by the author” and 
must possess “at least some minimal degree of creativity.” Feist Publications, Inc. v. Rural 
Telephone Service Co., Inc., 499 U.S. 340, 345 (1991). 
As discussed in Section 924.3(E), a separable feature must be capable of existing as a 
pictorial, graphic, or sculptural work entirely “on its own.” Star Athletica, 137 S. Ct. at 
1013. “In other words, the feature must be able to exist as its own pictorial, graphic, or 
sculptural work . . . once it is imagined apart from the useful article.” Id. at 1010 
(emphasis added). That is, the Office imagines how those features would appear if they 
were conceptually removed from the useful article, and then determines if that 
“standalone” design contains a sufficient amount of creative expression to warrant 
registration. Id. at 1011. 
  924.5  Guidelines for Applying the Separability and Originality Tests 
When evaluating the design of a useful article, the U.S. Copyright Office focuses solely on 
the appearance of the artistic features that have been submitted for registration. In 
other words, the Office imagines how those features would appear if they were 
conceptually separated from the article, and then determines if that specific design 
qualifies as an original and nonuseful pictorial, graphic, or sculptural work. 
If the registration specialist determines that the useful article contains a sufficient 
amount of separable, copyrightable authorship, he or she will register the claim. In 

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addition, the specialist will add an annotation to the certificate identifying the separable,

copyrightable features of the design, such as: “Basis for registration: [Pictorial / graphic

/ sculptural] features identified separately from and capable of existing independently

of the utilitarian aspects of a useful article.”

As with any other pictorial, graphic, or sculptural work, the Office does not consider the

materials used to create the design or the number of copies that have been made. 37

C.F.R. § 202.10(a); H.R. REP. NO. 94-1476, at 54, reprinted in 1976 U.S.C.C.A.N. at 5667.

The Office does not consider the author’s intention, artistic reputation, skill, experience,

or expertise. Star Athletica, 137 S. Ct. at 1015 (declining to consider “the designer’s

artistic judgment” because it is not “grounded in the text of the statute”).

The Office will not consider any alternative features or designs that the author may have

created, or any other designs that may have been created by third parties. Nor does it

consider the intended use of the article in industry when deciding whether a design is

copyrightable. Mazer, 347 U.S. at 219. Evaluating these factors would require the Office

“to consider evidence of the creator’s design methods, purposes, and reasons.” Star

Athletica, 137 S. Ct. at 1015. The Supreme Court made it clear that copyrightability must

be based on “how the article and feature are perceived, not how or why they were

designed.” Id. at 1015.

For similar reasons, the Office does not consider the marketability or commercial appeal

of the design. See H.R. REP. NO. 94-1476, at 54, reprinted in 1976 U.S.C.C.A.N. at 5667.

“Nothing in the statute suggests that copyrightability depends on market surveys.” Star

Athletica, 137 S. Ct. at 1015. Evaluating the commercial exploitation of a design would

make copyright protection turn upon the applicant’s subjective intent at the time when

the claim was submitted. “Moreover, asking whether some segment of the market would

be interested in a given work threatens to prize popular art over other forms, or to

substitute judicial [or administrative] aesthetic preferences for the policy choices

embodied in the Copyright Act.” Id.

Finally, the fact that an article or design may or may not be eligible for protection by a

utility or design patent is irrelevant to the issue of copyrightability. Id. at 1015; Mazer,

347 U.S. at 217; 37 C.F.R. § 202.10(a); H.R. REP. NO. 94-1476, at 54, reprinted in 1976

U.S.C.C.A.N. at 5667.

924.6 Application Tips for Registering the Design of a Useful Article

924.6(A) One Application Per Article

For purposes of registration, the separable features of a useful article are considered

one design, and the overall design is considered one pictorial, graphic, or sculptural

work. 17 U.S.C. § 101 (“the design [singular] of a useful article . . . shall be considered a

pictorial, graphic, or sculptural work [singular]”); Star Athletica, 137 S. Ct. at 1009

(explaining that the “design” [singular] of a useful article refers “to the combination of

details or features [plural] that . . . make up the useful article”).

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As a general rule, an applicant may register all of the separable features of a useful

article with one application, deposit, and filing fee. If the exact same features have been

incorporated into several useful articles – such as a bed, an armoire, and a nightstand –

the applicant should select one of those items and submit identifying material showing

the features as they appear on that item.

By contrast, when different sets of features have been incorporated into multiple useful

articles, the applicant must submit a separate application, deposit, and filing fee for each

article, even if those items are sold together or as part of the same set.

924.6(B) Completing the Application

When completing the application, applicants are encouraged to identify the specific

artistic features that are being submitted for registration. For example, the U.S.

or “sculptural design incorporated into the back of a chair.”

If the application merely asserts a claim in the overall “design” of the useful article, the

registration specialist may communicate with the applicant if the scope of the claim is

unclear. If the applicant appears to be asserting a claim in the overall shape of the useful

article, the specialist may simply refuse registration.

924.6(C) Preparing the Identifying Material

To register a design that has been incorporated into a useful article, the applicant should

submit a drawing, photograph, or other identifying material that depicts the design as it

appears on the useful article. See 37 C.F.R. § 202.20(c)(2)(xi)(A)(2).

Applicants are encouraged – but not required – to mark the deposit to identify the

specific features being submitted for registration. For example, if the applicant intends

to register a floral design that has been incorporated into the handle of a knife, the

applicant may submit a photograph of the knife together with a close-up photo of the

design. The applicant may submit a photo of the knife and circle or highlight the portion

of the image where the design appears. Alternatively, the applicant may submit a

drawing of the knife with solid lines showing the design, and broken lines used to depict

all other aspects of the useful article.

925 Works of Artistic Craftsmanship

A “work of artistic craftsmanship” may be protected as a pictorial, graphic, or sculptural

work, depending on whether it contains two- or three-dimensional authorship. This

Section provides a definition of this term, and a discussion of issues that commonly arise

in connection with such works.

As mentioned in Section 906.10, the copyright law limits the scope of protection for both

works of artistic craftsmanship and the design of a useful article. The law protects the

“form” of a work of artistic craftsmanship, but it does not protect “the mechanical or

utilitarian aspects” of such works. 17 U.S.C. § 101 (definition of “pictorial, graphic, and

sculptural works”). Likewise, the law protects “the design of a useful article,” but it does

not protect “the utilitarian aspects” of a useful article. Id.

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Works of artistic craftsmanship and the design of a useful article are considered

separate and distinct categories of authorship for purposes of registration. For a

detailed discussion of the differences between these types of works, see Section 925.3.

925.1 What Is a Work of Artistic Craftsmanship?

The Copyright Act protects “works of artistic craftsmanship insofar as their form but not

their mechanical or utilitarian aspects are concerned.” 17 U.S.C. § 101. This part of the

statutory definition “is classic language . . . drawn from Copyright Office regulations

promulgated in the 1940’s and expressly endorsed by the Supreme Court in the Mazer

case.” H.R. REP. NO. 94-1476, at 54-55 (1976), reprinted in 1976 U.S.C.C.A.N at 5667-68

(referring to 37 C.F.R. § 202.8(a) (1948)).

A work of artistic craftsmanship is a decorative or ornamental object that can be

considered a “work of art,” even though it “might also serve a useful purpose.” See Star

Athletica, 137 S. Ct. at 1011 (interpreting U.S. Copyright Office regulation 37 C.F.R. §

202.8(a) (1948) governing “works of artistic craftsmanship”); Mazer, 347 U.S. at 212,

213-14 (same).

The definition of a work of artistic craftsmanship is converse to the definition for a

useful article. A useful article is “an article having an intrinsic utilitarian function that is

not merely to portray the appearance of the article or to convey information.” 17 U.S.C. §

101. By contrast, a work of artistic craftsmanship is intrinsically aesthetic in nature, and

the work primarily portrays its own appearance. This is the essential and fundamental

characteristic of the work (even though it may have some mechanical or utilitarian

aspects).

Works of artistic craftsmanship are protected by copyright and may be registered,

regardless of their mechanical or utilitarian aspects. Representative examples of such

works include:

• Ornamental jewelry

• Decorative masks

• Stained glass windows

• Tapestries

• Mosaics

• Wallpaper designs

• Decorative bookends or paperweights

• Benvenuto Cellini’s salt cellar

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Benuto Cellini, Gold Salt (circa 1540-1543), cited in Brief for Respondents, Mazer v.

Stein, 347 U.S. 201 (1954) (No. 228) (reproduction from MUSEUM OF MODERN ART, ART

TREASURES FROM THE VIENNA COLLECTIONS, Plate XXXVIII (1949)).

Although not the main issue in the case, the cast iron bank from L. Batlin & Son v. Snyder

is another classic example of a work of artistic craftsmanship. The bank features a

sculpted figure of Uncle Sam with a carpet bag and umbrella standing on a base

decorated with streamers and an eagle. The bank has an internal mechanism that is

operated with a lever. When a coin is placed in the figure’s hand and the lever is pressed,

Uncle Sam smiles, lowers his arm, and drops the coin into the carpetbag. Although it has

mechanical components, the bank has a “basic delightful design” that “qualifies as a

work of art.” 536 F.2d 486, 488, 491, 492 (2d Cir. 1976). And like most coin banks, it

“falls within the class of artistic works which, however debatable their aesthetic merit,

are clearly artistic in conception.” Brief for the Register of Copyrights as Amicus Curiae

Supporting Respondents at 27 n.10, Mazer v. Stein, 347 U.S. 201 (1954) (No. 228).

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U.S. Design Patent No. 16,728, cited in L. Batlin & Son, 536 F.2d at 488.

These types of works are considered “objects of art,” even though they may have some

“incidentally . . . useful purpose.” United States v. Perry, 146 U.S. 71, 75 (1892). In each

case, the work is innately artistic, and any incidental mechanical or utilitarian aspects

are simply inherent in the object of the art form. Brief for the Register of Copyrights as

Amicus Curiae Supporting Respondents at 30, Mazer v. Stein, 347 U.S. 201 (1954) (No.

228).

For instance, stained glass, tapestries, mosaics, and wallpaper are primarily used to

decorate interior spaces, but they may also be incidentally useful in filtering sunlight,

blocking cold air, repelling water, or reflecting ambient light. Sculpted bookends or

paperweights are primarily decorative and incidentally useful in holding books upright

or keeping papers in place. And most piggybanks are primarily ornamental, but also

incidentally useful for actually storing coins.

If an object is intrinsically aesthetic in nature and primarily portrays its own appearance

it may be considered a work of artistic craftsmanship, even if it is incidentally useful.

Because copyright does not extend to a work’s mechanical or useful aspects, a

registration for a work of artistic craftsmanship does not extend to those aspects, such

as plain clasps, straps, or snaps that secure ornamental jewelry or a decorative mask to

a person’s body. See Registrability of Costume Designs, 56 Fed. Reg. 56,530 (Nov. 5,

1991) (discussing the Office’s policy on the registrability of decorative masks).

The Office will determine whether an object is – or is not – intrinsically aesthetic and

primarily portrays its own appearance, based solely on the item shown in the deposit.

The Office will consider the overall appearance of the item, including the form, shape,

and configuration of the object as a whole, and the essential and innate qualities or

characteristics of the object. However, the Office will not consider the author’s

subjective intent concerning the decorative, ornamental, or utilitarian purpose of the

object. It will not consider the author’s skill, experience, or artistic reputation. It will not

consider the marketability or commercial value of the object or the number of copies

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made. Nor will it consider the subjective reaction of any person in relation to the object. 
For this reason, the Office does not invite and will not consider evidence concerning the 
perception or use of the object by actual users or purchasers. See Star Athletica, 137 S. 
Ct. at 1015; Mazer, 347 U.S. at 218; 37 C.F.R. § 202.10(a); H.R. REP. NO. 94-1476, at 54 
(1976), reprinted in 1976 U.S.C.C.A.N. at 5667; Brief for the Register of Copyrights as 
Amicus Curiae Supporting Respondents at 32-34, Mazer v. Stein, 347 U.S. 201 (1954) 
(No. 228).  
  925.2  Copyrightable Authorship in Works of Artistic Craftsmanship  
The copyright law protects works of artistic craftsmanship as pictorial, graphic, or 
sculptural works “insofar as their form but not their mechanical or utilitarian aspects 
are concerned.” 17 U.S.C. § 101 (definition of “pictorial, graphic, and sculptural works”).  
As with any other pictorial, graphic, or sculptural work, a work of artistic craftsmanship 
may be registered if the “delineation and form” of the work is sufficiently creative. See 
37 C.F.R. § 202.10(a). As discussed in Section 925.1, the U.S. Copyright Office will 
consider the overall shape and configuration of the work. Id. But the Office will not 
consider any of the mechanical or utilitarian aspects of the work, such as the dowel 
hanger at the top of a tapestry or the plug in the belly of a piggybank.  
In this respect, the test for evaluating a work of artistic craftsmanship is the mirror 
image of the test for evaluating the design of a useful article. Instead of separating an 
artistic feature from the utilitarian aspects of a useful article, the Office must segregate 
the mechanical or utilitarian aspects of a work of art. Like the separability test described 
in Section 924.3, this is a “conceptual undertaking.” Star Athletica, 137 S. Ct. at 1014.  
This approach follows the practices developed by the Office, and considered by the 
courts, more than sixty years ago. As Register Fisher testified in Mazer v. Stein: 
[O]ur problem is to determine whether the work submitted is a work of art. We 
make that determination and registration even though we may have reason to 
believe that the work of art may happen to be used for some other purpose.  
[T]he phrase ‘insofar as their form but not their mechanical or utilitarian aspects are 
concerned’ is interpreted by the office and by our examiners to permit them to deal 
only with the question of whether the work is a work of artistic craftsmanship, 
and . . . it is our practice to consider as immaterial whether the work may also have a 
mechanical or utilitarian aspect.  
Transcript of Proceedings at 56, Stein v. Mazer, 111 F. Supp. 359 (D. Md. Nov. 20, 1952) 
(No. 5879); Brief for the Register of Copyrights as Amicus Curiae Supporting 
Respondents at 11-12, Mazer v. Stein, 347 U.S. 201 (1954) (No. 228). 
In exceptional cases, the registration specialist may add an annotation to the record, 
such as: “Basis for registration: Work of artistic craftsmanship.” As a general rule, the 
specialist will add an annotation only when the Office determines that clarification will 
aid the public’s understanding of the scope of the registration. 

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The specialist may refuse registration if there is “an entire absence of artistic 
craftsmanship notwithstanding the presence of a pleasing functional design.” Brief for 
the Register of Copyrights as Amicus Curiae Supporting Respondents at 29, Mazer v. 
Stein, 347 U.S. 201 (1954) (No. 228). Likewise, the specialist may refuse registration if 
he or she determines that the object is a useful article with no separable copyrightable 
features (rather than a work of artistic craftsmanship).  
  925.3  Works of Artistic Craftsmanship Distinguished from a Useful Article  
As discussed in Sections 925.1 and 925.2, the definition for a work of artistic 
craftsmanship, the test used to determine if the work is eligible for copyright protection, 
and the scope of protection for the work are the mirror image of the definition for the 
design of a useful article and the tests used to evaluate the copyrightability and scope of 
protection for such works (and vice versa). 
By its express terms, the statutory definition for “[p]ictorial, graphic, and sculptural 
works” distinguishes between “works of artistic craftsmanship” on the one hand, and 
“the design of a useful article” on the other. 17 U.S.C. § 101. As mentioned in Section 
925.1, the first part of the definition “is classic language . . . drawn from Copyright Office 
regulations promulgated in the 1940’s and expressly endorsed by the Supreme Court in 
the Mazer case.” H.R. REP. NO. 94-1476, at 54-55 (1976), reprinted in 1976 U.S.C.C.A.N at 
5667-68 (referencing 37 C.F.R. § 202.8(a) (1948)). “The second part” of the definition “is 
an adaptation of language added to the Copyright Office regulations in the mid-1950’s in 
an effort to implement the Supreme Court’s decision in the Mazer case.” Id. (referencing 
37 C.F.R. § 202.10(c) (1960)); Star Athletica, 137 S. Ct. at 1011-12 (noting that “Congress 
essentially lifted the language governing protection for the design of a useful article 
directly from the post-Mazer regulations and placed it into § 101 of the 1976 Act”). 
Works of artistic craftsmanship are protectable “insofar as their form but not their 
mechanical or utilitarian aspects are concerned,” and they are considered works of 
original authorship under Section 102(a)(5) of the copyright law. 17 U.S.C. §§ 101, 
102(a)(5). 
When examining a work of artistic craftsmanship, the Office applies the test set forth in 
Section 925.2 to determine if the “delineation and form” of the work is sufficiently 
creative. In making these determinations, the Office will consider the overall shape and 
configuration of the work as a whole. See 37 C.F.R. § 202.10(a). If the work is registered, 
the registration covers the work as a whole, but it does not cover any of the mechanical 
or utilitarian aspects of that work. 
By contrast, useful articles are not copyrightable as such, although “the design of a 
useful article” may be considered a pictorial, graphic, or sculptural work under Section 
102(a)(5) of the copyright law. 17 U.S.C. §§ 101, 102(a)(5). Specifically, the design of a 
useful article may be protected “only if, and only to the extent that, such design 
incorporates pictorial, graphic, or sculptural features that can be identified separately 
from, and are capable of existing independently of, the utilitarian aspects of the article.” 
17 U.S.C. § 101.  

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To determine if a particular feature satisfies this requirement, the Office applies the 
separability test set forth in Section 924.3, and then determines if that feature contains a 
sufficient amount of creative expression. Unlike a work of artistic craftsmanship, the 
copyright law does not protect the overall form, shape, or configuration of the useful 
article itself, no matter how pleasing or attractive it may be. See Star Athletica, 137 S. Ct. 
at 1010, 1014, 1016. 
A useful article must have “an intrinsic utilitarian function.” 17 U.S.C. § 101 (definition of 
“useful article”). An article “may be aesthetically satisfying” and its appearance may be 
“determined by esthetic . . . considerations.” H.R. REP. NO. 94-1476, at 55 (1976). But 
copyright only protects those “elements, if any, which can be identified separately” 
“from the utilitarian aspects of that article,” rather than “the over-all configuration of the 
utilitarian article as such.” Id. Works of artistic craftsmanship, by contrast, may serve 
“primarily an ornamental, and incidentally a useful, purpose.” Perry, 146 U.S. at 75; Star 
Athletica, 137 S. Ct. at 1011 (noting that the Mazer Court approved the Copyright Office’s 
regulations extending copyright protection to works of art that might also serve a useful 
purpose); Mazer, 347 U.S. at 212, 214. 
In determining whether a work does – or does not – have an intrinsic utilitarian 
function, the Office focuses solely on the work itself. As with any other pictorial, graphic, 
or sculptural work, the Office will not consider the process used to create the work, or 
the number of copies that have been made. 37 C.F.R. § 202.10(a). The Office will not 
consider the author’s state of mind concerning the intended use of the work. Id. Nor will 
the Office consider the marketability or commercial value of the work. See H.R. REP. NO. 
94-1476, at 54, reprinted in 1976 U.S.C.C.A.N. at 5667. 
If there is any doubt as to whether an item is intrinsically or merely incidentally useful, 
or whether it is intrinsically aesthetic and primarily portrays its own appearance, the 
Office will treat that item as a useful article and apply the separability test set forth in 
Section 924.3.  
   926   Architectural Works 
The Copyright Act protects “architectural works.” 17 U.S.C. § 102(a)(8). As discussed in 
Section 903.2, the statute defines an architectural work as “the design of a building as 
embodied in any tangible medium of expression, including a building, architectural 
plans, or drawings.” 17 U.S.C. § 101. An architectural work “includes the overall form as 
well as the arrangement and composition of spaces and elements in the design, but does 
not include individual standard features.” Id. Architectural works do not have to be 
constructed to be eligible for copyright protection.  
The U.S. Copyright Office will register an architectural work if it is sufficiently original 
and if it has been embodied in a tangible medium of expression, such as a constructed 
building or architectural plans or drawings. 37 C.F.R. § 202.11(c). 
  926.1   Architectural Works Distinguished from Technical Drawings  
An architectural work and a technical drawing of an architectural work are separate 
works. H.R. REP. NO. 101-735, at 19 (“An individual creating an architectural work by 

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depicting that work in plans or drawing[s] will have two separate copyrights, one in the 
architectural work . . . the other in the plans or drawings.”). 
If the applicant intends to assert a claim in a technical drawing and the architectural 
work depicted therein, the applicant should file an application to register the 
architectural work and a separate application to register the technical drawing as a 
pictorial work, even though the deposit copy(ies) for both applications may be the same. 
37 C.F.R. § 202.11(c)(4) (“Where dual copyright claims exist in technical drawings and 
the architectural work depicted in the drawings, any claims with respect to the technical 
drawings and the architectural work must be registered separately.”). 
A registration for a technical drawing covers the drawing itself, but it does not cover the 
architectural work depicted therein. Although a technical drawing may be protected by 
copyright, the copyright owner cannot prevent a third party from using that drawing to 
construct an actual building. This is due to the fact that the copyright in a pictorial, 
graphic, or sculptural work that portrays a useful article – such as a building – does not 
give the owner of that work the right to control “the making, distribution, or display of 
the useful article.” 17 U.S.C. § 113(b). By contrast, when an architectural drawing or 
blueprint is registered as an architectural work, the registration covers the architectural 
work depicted in those drawings, and the registration may be used in an infringement 
action involving the unauthorized reproduction of that work in any material object 
(including the construction of an actual building).  
Example: 
•  Tina Thorn submits a set of drawings and asserts a claim in 
“drawings for a building.” The registration specialist will 
communicate with the applicant, because it is unclear whether Tina 
intends to register the drawings or the architectural work depicted 
therein. 
For guidance in completing an application to register an architectural work or an 
architectural drawing, see Section 926.3. 
  926.2   Copyrightable Authorship in Architectural Works 
The U.S. Copyright Office may register an architectural work if it is a habitable structure 
that is stationary, intended to have permanence, and intended for human occupancy. 37 
C.F.R. § 202.11(b)(2). Examples of works that satisfy this requirement include houses, 
office buildings, churches, museums, gazebos, and pavilions. By contrast, the Office will 
refuse to register bridges, cloverleaves, dams, walkways, tents, recreational vehicles, or 
boats (although a house boat that is permanently affixed to a dock may be registrable as 
an architectural work). Id. § 202.11(d)(1). 
The Copyright Act protects “the overall form [of an architectural work] as well as the 
arrangement and composition of spaces and elements in the design.” 17 U.S.C. § 101 
(definition of “architectural work”). This may include “the overall shape of an 
architectural work.” H.R. REP. NO. 101-735, at 21. It may include interior architecture. Id. 
It also may include the “selection, coordination, or arrangement of unprotectable 

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elements into an original, protectable whole,” as well as “new, protectible design

elements [incorporated] into otherwise standard, unprotectible building features.” Id.

doors, and other staple building components.” Id. Nor does it protect interior design,

such as the selection and placement of furniture, lighting, paint, or similar items,

although a pictorial, graphic, or sculptural representation of an interior design may be

registered if it is sufficiently original. Finally, functional elements whose design or

placement is dictated by utilitarian concerns are not copyrightable.

Examples:

• Archer Anthony attempts to register a unique birdhouse. The

registration specialist will refuse to register this item as an

architectural work, because a birdhouse is not designed for human

occupancy.

• Archibald Arnold attempts to register a moveable, fast-food kiosk

for use in shopping malls. The registration specialist will refuse to

permanent and stationary.

• Arlinda Atkins designs a condominium complex with a large,

complex parking structure and intricate landscape design. She

attempts to register each aspect of this design as an architectural

work. The registration specialist will register the condominium

design if it is sufficiently original, but will ask the applicant to

remove the reference to the parking structure and landscape design.

While buildings are intrinsically useful, the statutory limitations and restrictions on

useful articles only apply to pictorial, graphic, and sculptural works. The design of a

building may be considered an “architectural work” under § 102(a)(8) of the Copyright

Act if it is sufficiently creative, but that design would not be considered a pictorial,

graphic, or sculptural work. Consequently, architectural works are not subject to the

separability test described in Section 924.3. See H.R. REP. NO. 101-735, at 20.

When examining an architectural work for copyrightable authorship the Office applies a

two-step test. The registration specialist will examine the work to determine “whether

there are original design elements present, including [the] overall shape and interior

architecture.” Id. If so, the specialist will “examine whether the design elements are

functionally required.” Id. at 20-21. “If the design elements are not functionally required,

the work is protectable” and may be registered as an architectural work. Id. at 21. As

with any other work of the visual arts, the specialist will not consider the novelty,

ingenuity, or aesthetic merit of the work. Id.

926.2(A) Standard Configurations

The U.S. Copyright Office will not register standard configurations of spaces, such as a

square bathroom or one-room cabin. Likewise, the Office will not register claims in the

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individual standard features of an architectural work, such as windows, doors, and other 
staple building components. 37 C.F.R. § 202.11(d).  
Example:  
•  Stacey Stone designs a motel comprised of a central hall with 
uniformly shaped rectangular rooms. The registration specialist will 
refuse to register this claim because it is a standard configuration of 
space.  
  926.2(B)   Functional Features 
The U.S. Copyright Office will not register purely functional elements of an architectural 
work, such as innovations in architectural engineering or construction techniques. 
Example:  
•  Fulton Fowler designed a house with a solar-powered hot water 
heater and an earthquake-resistant bracing system. He filed an 
application to register each element of his design. The registration 
specialist may register the overall design as an architectural work if 
it is sufficiently original, but the specialist will ask the applicant to 
remove the references to the heater and bracing system. 
  926.2(C)   Building Designs Created Before December 1, 1990 
The Copyright Act does not protect building designs published or constructed before 
December 1, 1990. 37 C.F.R. § 202.11(d)(3)(i). Likewise, the statute does not protect 
designs for unconstructed buildings that were embodied in unpublished plans or 
drawings on December 1, 1990 if the design remained unconstructed as of December 
31, 2002. 37 C.F.R. § 202.11(d)(3)(ii).  
The Office will refuse to register these types of designs as an architectural work. The 
plans, drawings, or models for such works may be registered as a pictorial, graphic, or 
sculptural work, but the registration for such works does not extend to a building 
constructed from the plan, drawing, or model. 
  926.3   Application Tips for Architectural Works 
To register an architectural work, the applicant must use the Standard Application. If an 
applicant attempts to register an architectural work using the Single Application or a 
paper application, the U.S. Copyright Office will refuse registration and instruct the 
applicant to resubmit the claim using the appropriate form. 37 C.F.R. § 202.11(d)(4)(i).  
An application may cover only one architectural work, regardless of whether the work is 
published or unpublished. The Office will not register multiple architectural works as a 
group of related works. If the applicant intends to register variations on a single plan, 
such as a plan for tract housing, the applicant must submit a separate application for 
each house model with all accompanying floor plan options, elevations, and styles that 
are applicable to that particular model. 37 C.F.R. § 202.11(c)(3). 

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When completing the Standard Application, applicants should select “Work of the Visual 
Arts” from the drop down menu on the Type of Work screen. If the work has been 
published, the applicant should provide the date and nation of first publication in the 
Publication field/space. An architectural work is deemed published “when underlying 
plans or drawings of the building or other copies of the building design are distributed 
or made available to the general public by sale or other transfer of ownership, or by 
rental, lease, or lending. Construction of a building does not itself constitute publication 
for purposes of registration, unless multiple copies are constructed.” Id. § 202.11(c)(5). 
If the work was embodied in unpublished plans or drawings on December 1, 1990, and 
if the architectural work was constructed before January 1, 2003, the applicant should 
provide the date that construction was completed in the Note to Copyright Office field. 
Id. § 202.11(c)(4)(i).  
To register an architectural work, applicants should check the box marked 
“architectural work” in the Author Created field. If an applicant submits an architectural 
drawing or blueprint and checks the box for “technical drawing,” the registration will 
cover the diagrams, illustrations, and accompanying text contained within that drawing, 
but it will not cover the building or other structure depicted in that drawing. For 
additional information concerning this issue, see Section 926.1. 
For information concerning the deposit requirements for architectural works, see 
Chapter 1500, Section 1509.3(D). 
N O T E:  In exceptional cases, the Office may waive the online filing requirement, subject to 
such conditions that the Associate Register of Copyrights and Director of the Office of 
Registration Policy and Practice may impose on the applicant. An applicant may submit 
a request to waive this requirement in writing. It should explain why the applicant is 
unable to use the Standard Application, and it should be sent to the following address: 
Associate Register of Copyrights and  
Director of Registration Policy & Practice 
Registration Program 
U.S. Copyright Office 
101 Independence Avenue SE 
Washington, DC 20559 
See 37 C.F.R. § 202.11(c)(4)(ii); Simplifying Copyright Registration for Architectural 
Works, 83 Fed. Reg. 66,182 (Dec. 26, 2018); Architectural Works, 84 Fed. Reg. 16,784 
(Apr. 23, 2019). 
 