Page:Copyright Office Compendium 3rd Edition - Full.djvu/600

, Third Edition This Section discusses certain issues that commonly arise in connection with such works.

920.1 Patterns for Making Articles

The drawings and text in a pattern book may be copyrightable, if they are sufficiently original. This may include textual instructions, technical diagrams that demonstrate cutting, stitching, weaving, or other techniques required by the pattern, as well as illustrations of the completed items.

A registration for a pattern book generally does not extend to individual pattern pieces that may be used to create a useful article, such as shapes that may be traced and used to make a sleeve for a dress, because they have an intrinsic utilitarian function. Nor does the registration extend to any useful article that may be created with the pattern, such as an item of clothing. For a general discussion of useful articles, see Section 924.

920.2 Stencils and Templates

Stencils and templates are patterns for tracing, trimming, or cutting designs or other items depicted by the stencil or template. The Office may register stencils or templates that contain a sufficient amount of original pictorial or graphic artwork or original compilations of such artwork, such as a stencil book that contains original, artistic images of animals, trees, and automobiles. However, the Office will refuse to register stencils consisting of common figures, symbols, or other uncopyrightable material, including any standard arrangements thereof.

920.3 How-To Books, Project Books, and Crafts-Making Books

A how-to book explains how to perform certain skills and techniques. These types of works generally do not contain pattern pieces or parts, because they are intended to teach a craft or technique rather than provide instructions on making a specific item.

How-to books typically contain text, photographs, and technical diagrams, which may be protected by copyright law if they are sufficiently creative. However, the "project" or "craft" as a whole — even if it is original — is merely an idea that is not copyrightable. 17 U.S.C. § 102(b). The Office will reject nonspecific claims in project ideas or project design.

920.4 Application Tips for Patterns, Stencils, and How-To Books

To register a pattern, stencil, or how-to book, the applicant should describe the copyrightable content in the deposit using terms such as "text, "2-D artwork," "photograph," or "technical drawing," as applicable. Applicants should not assert a claim in "pattern," "project," "activity," or "craft."

If the deposit copy(ies) identify the author or designer of the projects, crafts, or designs and if that author is not named in the application, the applicant should explain how the claimant acquired ownership of the copyright by checking the work made for hire box "yes" (if the work qualifies as a work made for hire) or by including an

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