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Copyright Compendium III Available for Public Comment

By Gary A. Laurie posted 09-05-2014 09:17 AM

  

The U.S. Copyright Office recently released a draft of the Third Edition of the Compendium of U.S. Copyright Office Practices for public comment, and which will become effective in December 2014.  A copy of the draft Third edition can be found here.

Of particular note are the sections dealing with uncopyrightable material, and the extensive list of examples of non-copyrightable material provided by Maria Pallante, Register of Copyrights.

Section 306 confirms that the Copyright Office will not register works produced by nature, animals, or plants. For example:

  • "A photograph taken by a monkey"
  • "A mural painted by an elephant."
  • "A claim based on the appearance of actual animal skin."
  • "A claim based on driftwood that has been shaped and smoothed by the ocean."
  • "A claim based on cut marks, defects, and other qualities found in natural stone."
  • "An application for a song naming the Holy Spirit as the author of the work."

Section 313.1 deals with fixation and reiterates that the Copyright Office won't register. For example:

  • "Choreography that has never been filmed or notated."
  • "A work communicated solely through conversation or a live broadcast that has not been filmed, recorded, written, or transcribed."
  • "A dramatic sketch or musical composition improvised or developed from memory that has not been filmed, recorded, or transcribed."

Finally, section 313.4 deals with de minimis authorship, and includes some examples of de minimis authorship insufficient to convey copyright protection to a work:

  • "A Venn diagram consisting of three overlapping circles containing the names of various personality disorders and a few words and short phrases that describe the symptoms of each condition."
  • "A musical phrase consisting of three notes."
  • "A sound recording consisting of a single tone."
  • "A public domain photograph of Winston Churchill combined with the word 'Commitment' and the quotation 'Never, never, never give up.' "
  • "An outline map of South Carolina with a blue heart in the center of the design featuring the white crescent moon and white palmetto tree from the state flag."

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