500-10
504
Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. (cont'd)
504.01
Material not subject to copyright. Standard elements, as such, are not reg1strable. Thus, registration cannot be made for glassware devoid of copyrightable ornamentation, or for fabric designs consisting only of polka dots. Moreover, the mechanical or utilitarian aspects of a three-dimensional work of applied art are not subject to copyright protection. Hence, the serrated edge of a knife could not be the basis of a copyright registration.
504.02
Examples. The following are examples of the principles governing the registrability of such works:
1)
A textile design consisting of nothing more than polka dots is not registrable. However, a representational image produced by the use of dots is registrable.
2)
A jeweled pin consisting of three parallel rows of stones is not registrable, while a pin consisting of a sculpted bee is registrable.
3)
A copyright claim in an original stuffed toy lion is registrable, while a plain red cushion shaped as a five-pointed star is not.
505
Registration requirements for the shapes of three-dimensional useful articles. Under the definition of "pictorial, graphic, and sculptural works" in the copyright law, the "design of a useful article" is copyrightable 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. See 17 U.S.C. 101.
[1984]
