Page:US Copyright Office Policy Decision on Registrability of Costume designs, (ML-435).pdf/3

 conceptually separable, meaning that the pictorial or sculptural work is independently recognizable and capable of existence apart from the overall utilitarian shape of the useful article. The standards for determining separability are set forth in section 505 of Compendium II of Copyright Office Practices.

8. Registration is Mandated Where Any Portion of a Work Contains Copyrightable Authorship

In examining claims to copyright, the Copyright Office is required to make a registration if any portion of a work can reasonably be construed as containing copyrightable authorship. Such a registration should not be treated as extending protection to uncopyrightable elements. For example. if an uncopyrightable costume is sold in packaging material which contains a pictorial illustration, the "work" would be registrable on the basis of the pictorial illustration.

In examining applications for registration the Copyright Office will generally limit the claim if the application specifically asserts protection in an uncopyrightable element. In most cases, however, there is no correspondence detailing the basis of the registration.

It is hoped that this policy decision will clarify the policies of the Copyright Office with respect to masks and costumes and will discourage the drawing of misleading conclusions regardmg registrations which are made for parts of costumes. Costumes, by their very nature, exist at the boundary between works of imagination and works of utility. Portions of some costumes will be registrable under the eeparability test, and others will be unregistrable in all respects.

Dated: October 29,1991. Ralph Omen,

Rqister of Copyrights.

Approved:

James H .Billinston,

The Librarian Congress.

[FR Doc. 91-26629 Filed 11-4-91 8:45 em]

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