Circular 33 Works Not Protected by Copyright

CIRCULAR

To register a work with the U.S. Copyright Office, you must

identify the copyrightable subject matter forming the basis

of your claim. To be copyrightable, a work must qualify as

an original work of authorship, meaning that it must have

been created independently and contain a sufficient amount

of creativity. Most works meet these conditions. Some works,

however, contain elements that either lack the required creativ-

ity or are placed outside the bounds of copyright by the law.

This circular highlights different types of noncopyrightable

subject matter. For more information, see chapter 300, section

313.3, of the Compendium of U.S. Copyright Office Practices.

Ideas, Methods, and Systems

“any idea, procedure, process, system, method of operation,

concept, principle, or discovery, regardless of the form in

which it is described, explained, illustrated, or embodied.”

The Office may, however, register a literary, graphic, or artis-

tic description, explanation, or illustration of an idea, proce-

dure, process, system, or method of operation, provided that

the work contains a sufficient amount of original authorship.

However, copyright protection will extend only to the origi-

nal expression in that work and not to the underlying idea,

methods, or systems described or explained.

Inventions

You can register a technical drawing or a written description

of an invention when the drawing or description contains a

sufficient amount of authorship. However, the registration

extends only to the original expression contained in the

drawing or description and does not apply to the underlying

invention. Inventions meeting certain requirements may be

patentable. For information about patent laws, visit the U.S.

Patent and Trademark Office website or call 1-800-786-9199.

To be copyrightable, a work must

qualify as an original work of

authorship under the copyright law.

This circular highlights dierent types

of works and subject matter that do

not qualify for copyright protection.

It covers

• Ideas, methods, and systems

• Names, titles, and short phrases

• Typeface, fonts, and lettering

• Blank forms

• Familiar symbols and designs

Works Not Protected

by Copyright

2Works Not Protected by Copyright

Example:

An author writes a book explaining a new system for food processing. The copyright in the

book prevents others from copying or distributing the text and illustrations describing the

author’s system as expressed in the book, but it does not give the author the right to prevent

others from employing the system or from using any procedures, processes, or methods

described in the book.

Recipes

A recipe is a statement of the ingredients and procedure required for making a dish of food. A mere

listing of ingredients or contents, or a simple set of directions, is uncopyrightable. As a result, the

Office cannot register recipes consisting of a set of ingredients and a process for preparing a dish. In

contrast, a recipe that creatively explains or depicts how or why to perform a particular activity may

be copyrightable. A registration for a recipe may cover the written description or explanation of a

process that appears in the work, as well as any photographs or illustrations that are owned by the

applicant. However, the registration will not cover the list of ingredients that appear in each recipe,

the underlying process for making the dish, or the resulting dish itself. The registration will also not

cover the activities described in the work that are procedures, processes, or methods of operation,

which are not subject to copyright protection.

Examples:

Jules Kinder submits an application to register a cookbook, Pie in the Sky. In the “Author Cre-

ated” field of the application, Kinder asserts a claim in “text, photographs, and compilation

of ingredients.” Each recipe contains a list of ingredients, instructions for making a pie, and a

photograph of the finished product. The claim in a “compilation of ingredients” will not be

accepted because there is no copyrightable authorship in a mere listing of ingredients. Since

this claim is not acceptable, the Office may communicate with Jules Kinder to limit the extent

of the registration to the text and photographs only.

Paulina Neumann submits an application to register a recipe for caesar salad dressing. In the

“Author Created” field, Neumann asserts a claim in “text.” The work consists of a list of eleven

ingredients with the following instructions: “(1) puree anchovies, garlic, Dijon, egg yolks; (2)

drizzle oil in gradually to emulsify; (3) add lemon, parmesan cheese, salt, pepper, Worcester-

shire and tabasco sauce.” The Office will refuse registration for this work, because the list of

ingredients is uncopyrightable, and the instructional text contains an insufficient amount of

creative authorship.

Names, Titles, Short Phrases

Words and short phrases, such as names, titles, and slogans, are uncopyrightable because they contain

an insufficient amount of authorship. The Office will not register individual words or brief combina-

tions of words, even if the word or short phrase is novel, distinctive, or lends itself to a play on words.

Examples of names, titles, or short phrases that do not contain a sufficient amount of creativity

to support a claim in copyright include

3Works Not Protected by Copyright

• The name of an individual (including pseudonyms, pen names, or stage names)

• The title or subtitle of a work, such as a book, a song, or a pictorial, graphic, or sculptural work

• The name of a business or organization

• The name of a band or performing group

• The name of a product or service

• A domain name or URL

• The name of a character

• Catchwords or catchphrases

• Mottos, slogans, or other short expressions

Under certain circumstances, names, titles, or short phrases may be protectable under federal or

state trademark laws. For information about trademark laws, visit the U.S. Patent and Trademark

Office website or call 1-800-786-9199.

Typeface, Fonts, and Lettering

tering. A typeface is a set of letters, numbers, or other characters with repeating design elements that

is intended to be used in composing text or other combinations of characters, including calligraphy.

Generally, typeface, fonts, and lettering are building blocks of expression that are used to create

works of authorship. The Office cannot register a claim to copyright in typeface or mere variations

of typographic ornamentation or lettering, regardless of whether the typeface is commonly used

or unique. There are some very limited cases where the Office may register some types of typeface,

typefont, lettering, or calligraphy. For more information, see chapter 900, section 906.4 of the

Compendium. To register copyrightable content, you should describe the surface decoration or other

ornamentation and should explain how it is separable from the typeface characters.

Layout and Design

As a general rule, the Office will not accept a claim to copyright in “format” or “layout.” The gen-

eral layout or format of a book, page, book cover, slide presentation, web page, poster, or form is

uncopyrightable because it is a template for expression. Copyright protection may be available for the

selection, coordination, or arrangement of the specific content that is selected and arranged in a suffi-

ciently creative manner. The claim, however, would be limited to the selection and arrangement of that

specific content, not to the selection and arrangement of any content in that particular manner.

Blank Forms

Blank forms typically contain empty fields or lined spaces as well as words or short phrases that

identify the content that should be recorded in each field or space. Blank forms that are designed for

recording information and do not themselves convey information are uncopyrightable.

Similarly, the ideas or principles behind a blank form, the systems or methods implemented by a

form, or the form’s functional layout are not protected by copyright. A blank form may incorporate

Works Not Protected by Copyright 4

images or text that is sufficiently creative to be protected by copyright. For example, bank checks

may be registered if they contain pictorial decoration that is sufficiently creative. Contracts, insur-

ance policies, and other documents with “fill-in” spaces may also be registered if there is sufficient

literary authorship that is not standard or functional. In all cases, the registration covers only the

original textual or pictorial expression that the author contributed to the work, but does not cover

the blank form or other uncopyrightable elements that the form may contain.

Examples of blank forms include

• Time cards

• Graph paper

• Account books

• Diaries

• Bank checks

• Scorecards

• Address books

• Report forms

• Order forms

• Date books and schedulers

Familiar Symbols and Designs

Familiar symbols and designs, or a simple combination of a few familiar symbols or designs, are

uncopyrightable and cannot be registered with the Office. However, a work of authorship that

incorporates one or more familiar symbols or designs into a larger design may be registered if the

work as a whole contains a sufficient amount of creative expression.

Examples of familiar symbols and designs include but are not limited to

• Letters, punctuation, or symbols on a keyboard

• Abbreviations

• Musical notation

• Numbers and mathematical and currency symbols

• Arrows and other directional or navigational symbols

• Common symbols and shapes, such as a spade, club, heart, diamond, star, yin yang, or

fleur de lys

• Common patterns, such as standard chevron, polka dot, checkerboard, or houndstooth

• Well-known and commonly used symbols that contain a minimal amount of expression or

are in the public domain, such as the peace symbol, gender symbols, or simple emoticons

• Industry designs, such as the caduceus, barber pole, food labeling symbols, or hazard

warning symbols

• Familiar religious symbols

• Common architecture moldings

Works Not Protected by Copyright 5

Registration of Works with Copyrightable and Uncopyrightable Subject Matter

When completing an application for a work with a significant amount of uncopyrightable subject

matter, you should focus your claim specifically on the copyrightable subject matter. When complet-

ing the “Author Created” field in the online application, use words identifying copyrightable subject

matter such as “text,” “photograph,” or “drawing.” Avoid words referring to material that is not

subject to copyright protection, such as “idea,” “device,” “process,” “format,” or “layout.” Also, avoid

using vague language, such as “design” or “entire work.”

For more information on general registration procedures, see Copyright Registration (Circular 2).



1. This circular is intended as an overview of works not protected by copyright. The authoritative

source for U.S. copyright law is the Copyright Act, codied in Title 17 of the United States Code. Copy-

right Oce regulations are codied in Title 37 of the Code of Federal Regulations. Copyright Oce

practices and procedures are summarized in the third edition of the Compendium of U.S. Copyright

Oce Practices, cited as the Compendium. The copyright law, regulations, and the Compendium are

available on the Copyright Oce website at www.copyright.gov.

U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov

CIRCULAR 33 REVISED: 03 /2021 PRINT: 00 /0000 — 0,000

For Further Information

By Internet

The copyright law, the Compendium, electronic registration, application forms, regulations,

and related materials are available on the Copyright Office website at www.copyright.gov.

By Email

To send an email inquiry, click the Contact Us link on the Copyright Office website.

By Telephone

For general information, call the Copyright Public Information Office at (202) 707-3000 or

1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time,

Monday through Friday, except federal holidays. To request application forms or circulars by

postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message.

By Regular Mail

Write to

Library of Congress

U.S. Copyright Office

Outreach and Education Section

101 Independence Avenue, SE #6304

Washington, DC 20559-6304