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1509.3 (A) (4) Works Reproduced in Sheet-like Materials

1509.3 (A) (4) Works Reproduced in Sheet-like Materials


This Section discusses the deposit requirements for pictorial or graphic works that are reproduced solely in “sheet-like material.” This category includes two-dimensional works that are fixed and/or published in the following types of material:


• Textiles and other fabrics.


• Wallpaper and similar commercial wall coverings.


• Carpeting.


• Floor tile and similar commercial floor coverings.


• Wrapping paper and similar packaging material.


If a visual arts work has been reproduced solely on sheet-like material, the applicant should submit the following:


• One copy of a swatch or piece of material that is sufficient to show all of the elements of the work that are claimed in the application.


• A copy of the copyright notice (if any) that appears on the work or on tags, labels, or packaging for the work.


37 C.F.R. § 202.20 (C) (2)(x).


If the work contains a repeating pictorial or graphic design, the applicant should submit a copy of the complete design together with a partial repeat of that design.


The applicant should submit a copy that shows the actual color(s) of the design, including any alternate color variations of the design.


Applicants should not submit CAD drawings as the sole form of deposit, because these types of drawings generally do not show the actual fixed or published design. When including CAD drawings in the deposit, the applicant should submit the drawings together with other identifying material, such as photographs or scanned images showing the actual work fixed in fabric or other sheet-like material or showing the actual published edition of the work.


The applicant should not submit CAD drawings or photos of the work if the copyright claim is based all or in part on the elevations, embroidery, tufts, looms, or other textural design aspects in carpet, wallpaper, or other sheet-like material. Instead, the applicant should submit an actual swatch or piece of material that shows the textural design aspects that are claimed in the application.

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