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, Third Edition For guidance in completing this portion of the application, see Chapter 600, Section 618.

808.11(D) Unclear Authorship Terms

Generally, items used in set design, scenery, props, and costumes, are regarded as useful articles. The copyright law does not protect the design or styling of useful articles. If a useful article incorporates any separable and original artwork, such as graphics, pictures, or sculpture, only the artwork may be protected. See 17 U.S.C. § 101 [definition of "pictorial, graphic, and sculptural works"]; see also Chapter 900, Section 924. In such cases, the authorship should be specifically described, such as "artwork on scenery" or "soft sculpture" (in the case of an animal costume].

These types of works often raise special issues that generally are handled by the Visual Arts Division. Therefore, if the applicant combines this type of authorship with a motion picture claim, the registration specialist may ask the applicant to prepare separate applications for the motion picture and the visual arts work. For more information, see Chapter 900, Section 924.

808.11(E) Unacceptable Authorship Terms

The applicant should not use the following terms in the authorship description for a motion picture:

• Blocking, stage directions, staging, stage business. See Sections 804.3(D] and 808.10(I](2).

• Concept, idea, format, layout, titles, styles of lettering, credits, characters. See 17 U.S.C. § 102[b]; 37 C.F.R. § 202.1.

• Executive Producer. See Section 808.10(B].

• Sound Recording. See Sections 808.2(B] and 808.10[H].

• Medical Imaging, such as Ultrasound, CAT-scan and x-rays. See Chapter 900, Section 924.3(D].

808.12 Deposit Requirements for Motion Pictures

The deposit requirements for motion pictures are complex. For information on registration and mandatory deposit requirements for these types of works, see Chapter 1500, Sections 1509.2(F) and 1511.9(D).

Chapter 800 : 125

12/22/2014 Chapter _00 : 125