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, Third Edition • The use of color to create an artistic design (although color alone is generally insufficient).

• Decoration on the surface of the jewelry [e.g., engraved designs, variations of texture, etc.).

• The selection and arrangement of the various elements.

The following aspects of jewelry generally are not copyrightable and are not considered in analyzing copyrightability:

• Faceting of individual stones [i.e., gem-cutting).

• Purely functional elements, such as a clasp or fastener.

• Common or symmetrical arrangements.

As a general rule, if the shape or decoration of a particular element contains enough authorship to support a registration, the specialist will register the claim. If not, the specialist will consider other factors, such as the selection, coordination, and/or arrangement of elements, as well as the degree of symmetry.

When evaluating the copyrightability of a jewelry design, the specialist may consider the number of elements in the design. More elements may weigh in favor of copyrightability, although a work containing multiple elements may be uncopyrightable if the elements are repeated in a standard geometric arrangement or a commonplace design. A work containing only a few elements may be copyrightable if the decoration, arrangement, use of color, shapes, or textures are sufficient to support a claim.

909 Photographic Works

The U.S. copyright law protects photographs as pictorial works. This Section discusses certain issues that commonly arise in connection with such works.

909.1 Copyrightable Authorship in Photographs

As with all copyrighted works, a photograph must have a sufficient amount of creative expression to be eligible for registration. The creativity in a photograph may include the photographer's artistic choices in creating the image, such as the selection of the subject matter, the lighting, any positioning of subjects, the selection of camera lens, the placement of the camera, the angle of the image, and the timing of the picture.

Example:

• The Office receives ten applications, one from each member of a local photography club. All of the photographs depict the Washington Monument and all of them were taken on the same afternoon. Although some of the photographs are remarkably similar in perspective, the registration specialist will register all of

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