COPYRIGHT
OFFICE
PRACTICES
OFFICE
PRACTICES
2-437
Ch. 2.11
2.11.3
2.11.3
2.11.3
Registration requirements(cont'd)
I.
Copyrightable subject-matter(cont'd)
b.
The subject of the photograph(cont'd)
4.
The subject as basis of claim(cont'd)
(b).
Unpublished works. If the photograph itself is copyrightable as such. registration may be made on that basis. However, if there is reason to believe that the applicant desires copyright protection for the subject depicted in the photograph, registration should not be made until the scope of protection afforded by registration in Class J has been pointed out to the applicant.
Example:
An unpublished photograph depicts an electronic recording device which has been the subject of a unsuccessful application for design patent. Practice: Write to the applicant, pointing out that registration in Class J will not protect the recording device as such. Registration may be made thereafter, if the applicant so desires.
(c)
Old photographs. The mere fact that a photograph is old or depicts a subject no longer in existence will not prevent registration. However, if the author of an old photograph is deceased or unknown, the Office may request an explanation of the basis of the copyright before registering the claim.
[1973]