COPYRIGHT
OFFICE
PRACTICES
OFFICE
PRACTICES
2-297
Ch. 2.8
2.8.3
2.8.3
2.8.3
Registration requirements(cont'd)
I.
Copyrightable subject-matter(cont'd)
d.
Utilitarian articles. The copyrightability of a work of art is not affected by the fact that the work may also embody utilitarian features, or that it may itself be embodied in an article of utility. In all cases, registration must be based upon those copyrightable features such as artistic sculpture, carving, or pictorial representation which can be identified separately and are capable of existing independently as a work of art, as for example: (1) a statuette used as a base for a table lamp, (2) an original painting reproduced on a porcelain dinner plate, (3) a sculptured figure used as a handle for a letter opener. (4) an artistic design reproduced on textile fabric, or (5) a stained glass window.
1.
Attractiveness of design. The mere fact that an article 0 utility is novel, unique, and attractively designed does not warrant its registration as a "work of art." Thus, where design is dictated by utilitarian requirements rather than aesthetic considerations, it cannot provide a sufficient basis for registration. Examples of useful ,articles whose design is generally dictated by function rather than aesthetic considerations include the following: (1) automotive bodies and parts, (2) marine hulls, (3) stoves, toasters, vacuum cleaners and other
[1973]