compendium: Visual Art Works
Chapter 900
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03/15/2019
921 Graphs, Charts, Tables, and Figures
The copyright law does not protect blank graphs, charts, tables, and figures that are designed for
recording information and do not in themselves convey information. These types of works are
not copyrightable, because they rarely contain more than a de minimis amount of authorship
other than that necessary to implement the underlying method, technique, or idea. For the same
reasons, the ideas for graphs, charts, tables, and figures or the overall design of a graphing, chart-
ing, or tabling method or template are not copyrightable. See 37 C.F.R. § 202.1(c).
The U.S. Copyright Office will not register a blank graph, chart, table, or figure if the claim is
based solely on standard color variations, such as the mere addition of only a few standard colors.
See id. § 202.1(a). However, the Office will register any copyrightable expression presented in a
graph, chart, table, or figure, such as a copyrightable compilation of data, facts, or information.
Additionally, the Office will register sufficiently expressive text that describes, explains, and/or
interprets a particular graphing, charting, or tabling method.
Examples:
•
Gary Grant creates a pie chart that presents demographic information on five
generations of a selected family. Gary files an application asserting a claim
in “two-dimensional artwork, text, and chart.” The pie chart, in and of itself,
is not copyrightable and cannot be registered. The registration specialist
will communicate with the applicant and ask him to limit the claim to any
registrable textual or compilation authorship.
•
Gayle Giles creates a columnar table that records information about her son’s
physical and intellectual growth in ten selected categories. Gayle includes text
and photographs throughout the table. Gayle files an application asserting
a claim in “design, text, photographs, and two-dimensional artwork.” The
registration specialist will ask the applicant to limit the claim to the text, pho-
tographs, and the compilation of data to the extent that the selection and
arrangement are original.
See generally Registration of Claims to Copyright: Notice of Termination of Inquiry Regarding
Blank Forms, 45 Fed. Reg. 63,297 (Sept. 24, 1980).
922 Technical and Scientic Drawings
Technical and scientific drawings include mechanical drawings, engineering diagrams, and simi-
lar works. The U.S. Copyright Office will register these types of works if they contain a sufficient
amount of original pictorial or graphic material.
Technical drawings are not considered useful articles for purposes of registration, because they
convey information or merely portray the appearance of the object depicted in the drawing. 17
U.S.C. § 101 (definition of “useful article”). As such, they are not subject to the separability test
described in Section 924.3.
When the Office registers a technical or scientific drawing, the registration covers only the draw-
ing itself and does not “extend to any idea, procedure, process, system, method of operation,
concept, principle, or discovery, regardless of the form in which it is described, explained, il-
lustrated, or embodied in such work.” 17 U.S.C. § 102(b). Likewise, a registration for a technical