Ch. 6
6.4.1
6.4.1
6-20
Pert 6.4 LITHOGRAPHS AND PHOTOENGRAVINGS
6.4.1
When subject to manufacturing clause.
I.
General rule and exceptions. As a general rule, a lithograph or photoengraving, either as an illustration in a book of text (see topic 6.4.2) or as a separate work (see topic 6.4.3) must be manufactured in the United States in order to be registrable. Exceptions:
a.
A lithograph or photoengraving which represents a subject located abroad and which illustrates a scientific work or reproduces a work of art need not be manufactured in the United States, and may be registered regardless of where it was manufactured. (see topic 6.4.1.,III.)
b.
Where the author of a lithograph or photoengraving first published abroad is the citizen of a foreign country party to the U.C.C., or where the lithograph or photo engraving was first published in a foreign. U.C.C. country and the author is neither a U.S. citizen nor domiciliary, the work is exempted from the manufacturing requirements if it bears the special U.C.C. copyright notice prescribed in § 9(0). (see Chapter 8)
II.
Pictorial or graphic works not included.
a.
Those produced by other processes. Pictorial or graphic works produced abroad by a process not technically a lithographic or photoengraving process may be registered.
Examples:
(1)
Photogravures, rotograwres, etchings, line engravings, mezotints, wood cuts, drypoints, aquatints, collotypes, and works produced by stipple and crayon ensraving, etc.
(2)
Photographs.
(3)
Band drawings or paintings.
b.
Illustrations in works other than books. Lithographs or photengravings which are neither illustrations in a work classified as a book nor separate works are not considered subject to the manufacturing requirements. Thus, where a work to be registered in a class other than A (e.g., a periodical, a drama, or a musical composition) containing lithographs or
photoengraving as 1llustrations, they may be included as equipment parts of the work registered (in class B, D, or E), regardless of where the were manufactured.