COPYRIGHT
OFFICE
PRACTICES
OFFICE
PRACTICES
2-429
Ch. 2.11
2.11.2
2.11.2
2.11.2
Classification of photographs(cont'd)
II.
Nature of the material(cont'd)
c.
Photographs and text combined(cont'd)
prevent registration in Class J. However, if the copyrightable contents of a work which is photographic in form are entirely textual. registration in Class J is not authorized. regardless of the fact that the text is reproduced by a photomechanical process or that the work appears on microfilm, photographic transparencies, or the like.
1.
Published works. If the textual material is sustantial. registration in Class A would be appropriate. provided the requirements of the law relating to the notice of copyright on a "book" have been satisfied. (See Part 2.2, topic 4.2.1.1 and Section 4.3.1)
2.
Unpublished works. If the textual material is substantial and it appears that copyright is being claimed in both text and photography, the claim should not be registered until the scope of registration in Class J has been pointed out to the applicant. Generally. unpublished textual material (except captions and incidental text) should be separated from the copy deposited, wherever possible, and returned to the applicant. Unpublished textual material is ordinarily not entitled to copyright
[1973]