The draft of its official practices, third edition contains a requirement of human authorship:
The U.S. Copyright Office will register an original work of authorship, provided that the work was created by a human being. The copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Trade-Mark Cases, 100 U.S. 82, 94 (1879). Because copyright law is limited to “original intellectual conceptions of the author,” the Office will refuse to register a claim if it determines that a human being did not create the work. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 58 (1884). The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy(ies) state that the work was inspired by a divine spirit.
The first example given of something the U.S. Copyright Office will not register is, of course, "a photograph taken by a monkey". The others are:
• A mural painted by an elephant.
• A claim based on the appearance of actual animal skin.
• A claim based on driftwood that has been shaped and smoothed by
• A claim based on cut marks, defects, and other qualities found in
Registration with the U.S. Copyright Office is not required for copyright protection, which takes effect when a work is created. However, registration provides significant legal advantages, such as the ability to receive statutory damages in lawsuits.
This gadget does exactly as promised: it looks like a thumbdrive (sort of) and fries the circuitry of any computer it’s plugged into. It’s made from camera flash parts, is charged with a standard AA battery, and delivers a 300V zap of DC destruction to the port for all your USB-murdering needs. Note that this […]
The Cobham catalog, exposed by The Intercept, features countless pages of surveillance gadgets sold to U.S. police to spy on American citizens: tiny black boxes with a big interest in you. In the creepily bland feature lists and nerdy product names is a whisper of a dark future; perhaps darker than anyone can imagine.
This image depicts the most commonly-found stylesheet colors on the web’s top sites—Paul Hebert did an amazing amount of analysis and this is just one of the intriguing visualizations he came up with. Most of these are obvious staples, especially HTML red and blue, though it’s interesting how far the blue “cluster” is from the […]
The Pocket Tripod PRO had massive Kickstarter success in 2013, raising almost $85,000 in a single month. But this isn’t just another case of pre-release product hype. This ingenious little device folds out from a credit-card-shaped plastic slab into a sturdy stand with a surprisingly wide range of motion. In portrait orientation, your phone slides […]
Loot Crate is a totally different kind of subscription service that mails subscribers monthly boxes filled with curated geek, pop culture, and gamer paraphernalia. Its cult following awaits a box every month filled with everything from bobble heads to T-shirts to special edition collectibles. But nothing gets Loot Crate fans as excited as the limited […]
The ARMOR-X Mini Flexible Phone Tripod is a smartphone tripod that is designed with flexible legs to rest on virtually any type of surface. Other tripods have proved useless unless I conveniently have a flat surface in front of me, which is why this particular tripod was appealing enough to try out. The ARMOR-X is compact and easy […]