909.2 Subject Matter of Photographs
To be eligible for copyright protection, the subject of the photograph does not need to be copyrightable. A photograph may be protected by copyright and registered with the U.S. Copyright Office, even if the subject of the photograph is an item or scene that is uncopyrightable or in the public domain.
• Phoebe Pool takes a photograph of a mountain range, selecting the angle, distance, and lighting for the image. The registration specialist will register the work even though the mountain range itself is not copyrightable.