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2.11.3

Registration reguirements⁠(cont'd)

I.

Copyrightable subject-matter⁠(cont'd)

b.

The subject of the photograph⁠(cont'd)

2.

Textual matter. A photographic reproduction of textual matter is generally not registrable as a "photograph." However, the mere fact that the principal subject of a "photograph" is textual will not prevent registration in Class J, provided there is sufficient original photo­graphic authorship. For example, a copyrightable photograph could depict a book of poems opened in the candlelight showing the text of Samuel Taylor Coleridge's poem "Kubla Khan."

3.

Duplication of subjects. The same subject may be depicted in two or more copyrightable photographs. For example, the dome of the Capitol building in Washington could be the subject of many copyrightable photographs.

4.

The subject as basis of claim. A claim to copyright in Class J based upon the premise that the copyright will protect the subject depicted in a photograph will ordinarily be rejected. However, there are certain exceptions:

(a)

Published works. If the photograph itself is copyrightable as such, and has been published with the required statutory

[1973]