Page:Compendium of US Copyright Office Practices (1973).pdf/97

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Unpublished works.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An unpublished photograph de­picts an electronic recording device which has been the sub­ject of a unsuccessful appli­cation for design patent.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]