(c) When the shape of an article is dictated by, or is necessarily responsive to, the requirements of its utilitarian function, its shape, though unique and attractive, cannot qualify it as a work of art. If the sole intrinsic function of an article is its utility, the fact that it is unique and attractively shaped will not qualify it as a work of art. However, where the object is clearly a work of art in itself, the fact it is also a useful article will not preclude its registration. § 202.11. Reproductions of works of art (Class H).

This class includes published reproductions of existing works of art in the same or a different medium, such as a lithograph, photoengraving, etching or drawing of a painting, sculpture or other work of art.

§ 202.12. Drawings or plastic works of a scientific or technical character (Class I).

(a) This class includes published or unpublished two-dimensional and three-dimensional works which have been designed for a scientific or technical use and which contain copyrightable graphic, pictorial, or sculptural material. Works registrable in Class I include diagrams or models illustrating scientific or technical works or formulating scientific or technical information in linear or plastic form, such as, for example: a mechanical drawing, an astronomical chart, an architect's blueprint, an anatomical model, or an engineering diagram.

(b) A work is not eligible for registration as a "plastic" work in Class I merely because it is formed from one of the commonly known synthetic chemical derivatives such as styrenes, vinyl compounds, or acrylic resins. The term "plastic work" as used in this context refers to a three-dimensional work giving the effect of that which is molded or sculptured. Examples of such works include statues of animals or plants used for scientific or educational purposes, and engineers' scale models.

§ 202.13. Photographs (Class J).

This class includes published or unpublished photographic prints and filmstrips, slide films and individual slides. Photoengravings and other photomechanical reproductions of photographs are registered in Class K on Form K.

§ 202.14. Prints, pictorial illustrations and commercial prints or labels (Class K).

(a) This class includes prints or pictorial illustrations, greeting cards, picture postcards and similar prints, produced by means of lithography, photoengraving or other methods of reproduction. These works when published are registered on Form K.

(b) A print or label, not a trademark, containing copyrightable pictorial matter, text, or both, published in connection with the sale or advertisement of an article or articles of merchandise is also registered in this class on Form KK. In the case of a print which is published in a periodical, use Form KK if the print is used in connection with the sale or advertisement of an article of merchandise. Form BB if it is not. Multipage works are more appropriately classified in Class A than in Class K.

(c) A claim to copywright cannot be registered in a print or label consisting solely of trademark sub

ject matter and lacking copyrightable matter. While the Copyright Office will not investigate whether the matter has been or can be registered at the Patent Office, it will register a properly filed copyright claim in a print or label that contains the requisite qualifications for copyright even though there is a trademark on it. However, registration of a claim to copyright does not give the claimant rights available by trademark registration at the Patent Office.

§ 202.15. Motion pictures (Classes L-M).

A single application Form L-M is available for registration of works in Classes L (Motion Picture Photoplays) and M (Motion Pictures other than Photoplays).

(a) Photoplays (Class L).

This class includes published or unpublished motion pictures that are dramatic in character and tell a connected story, such as feature films, filmed television plays, short subjects and animated cartoons having a plot.

(b) Other than photoplays (Class M).

This class includes published or unpublished nondramatic films such as newsreels, travelogs, training or promotional films, nature studies, and filmed television programs having no plot.

§ 202.16. Deposit of photographs or other identifying reproductions in lieu of copies-(a) Availability of option.

In the case of a published work which is reproduced in copies for sale, classified in Classes (g), (h), (i), and (k) of section 5, title 17, U. S. Code, copies of which are considered by the Register of Copyrights to be impracticable of deposit because of their size, weight, fragility, or monetary value, photographs or other identifying reproductions may be deposited in lieu of copies as provided by section 13, title 17, U. S. Code. The deposit of such photographs or reproductions shall be made in accordance with the following criteria:

(1) The number of sets of photographs or reproductions to be submitted shall be the same as the number of copies provided by said section 13. Each set shall consist of as many photographs or reproductions in black and white, or in color, as are necessary to identify the work.

(2) All photographs or reproductions of any one work shall be of equal size, not exceeding 9 x 12 inches, but preferably 8 x 10 inches, and shall present an image of the work not smaller than 4 inches in its greatest dimension. The exact measurement of at least one dimension of the work shall be indicated on at least one photograph of reproduction.

(3) The copyright notice and its position on the work must be clearly shown on at least one photograph or reproduction. If, because of the size or location of the copyright notice, a photographic reproduction cannot be prepared, a drawing may be submitted of the same size as the photographs or reproductions, showing the exact appearance of the notice, its dimensions, and its specific position on the work.

(4) The title of the work shall appear on the front or back of each photograph or reproduction.

(5) A copy shall be considered to be impracticable of deposit if, because of its size, weight, fragility or monetary value, it is unsuited to the filing procedures of the Copyright Office.

(b) Exceptions.

The provisions of this section, permitting the deposit of photographs in lieu of copies in certain cases, shall not apply to fine prints and two-dimensional art reproductions. The Register of Copyrights reserves the right in any other particular case to require as a condition precedent to registration, the deposit of copies of the work as published. § 202.17. Renewals.

(a) Claims to renewal copyright must be registered within the last (28th) year of the original copyright term. The original term for a published work is computed from the date of first publication;

the term for a work originally registered in unpublished form is computed from the date of registration in the Copyright Office. Unless the required application and fee are received in the Copyright Office during the prescribed period before the first term of copyright expires, copyright protection is lost permanently and the work enters the public domain. The Copyright Office has no discretion to extend the renewal time limits.

(b) Renewal claims may be registered only in the names of persons falling within one of the classes of renewal claimants specified in the copyright law. If the work was a new version of a previous work, renewal may be claimed only in the new matter. § 202.18. Notices of use.

Notices of use of copyrighted musical compositions on mechanical instruments will be recorded upon payment of the prescribed fees, pursuant to section 1 (e) of title 17, U. S. Code. Notices of intention to use will be received, pursuant to section 101 (e) of title 17, U. S. Code.

LEGISLATIVE CONSTRUCTION Section 18 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: "No inference of a legislative construction is to be drawn by reason of the chapter in Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, in which any particular section is placed, nor by reason of the catchlines used in such title."

SEPARABILITY PROVISIONS

Section 19 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: "If any part of Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, shall be held invalid the remainder shall not be affected thereby."

EFFECTIVE DATE

Section 20 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that the revision of this title should become effective Sept. 1, 1948.

EXISTING RIGHTS OR LIABILITIES

Section 21 of act June 25, ch. 645, 62 Stat. 862, provided in part that any right or liabilities now existing under repealed sections or parts thereof shall not be affected by the repeal.

REPEALED, TRANSFERRED, AND OMITTED SECTIONS

All former sections of Title 18 were repealed, transferred to other titles, or omitted by said act June 25, 1948, except for sections 595, 644, 726-1, 726a, 729, 730, and 732 which were repealed by act June 25, 1948, ch. 646, 62 Stat. 687, the act revising and codifying Title 28, Judiciary and Judicial Procedure, into positive law.

Chap.

1956-Act July 14, 1956, ch. 595, § 2, 70 Stat. 540, amended analysis by adding item "2. Aircraft and Motor Vehicles".

Aug. 1, 1956, ch. 825, § 2 (a), 70 Stat. 798, amended analysis by substituting "Chapter 3.-Animals, Birds, Fish, and Plants" for "Chapter 3.-Animals, Birds, and Fish".

Act July 18, 1956, ch. 629, § 202, 70 Stat. 575, amended analysis by adding item "68. Narcotics".

1949-Act May 24, 1949, ch. 139, § 1, 63 Stat. 89, amended analysis by striking out "constituting crimes" out of chapter 21 catchline, and by inserting "Chapter 50, Gambling------1081."

Part I.-CRIMES

Sec.

Chapter I.-GENERAL PROVISIONS

Sec.

1. Offenses classified.

2. Principals.

3. Accessory after the fact.

4. Misprision of felony.

5. United States defined.

§ 1. Offenses classified.

Notwithstanding any Act of Congress to the con

trary:

(1) Any offense punishable by death or imprisonment for a term exceeding one year is a felony.

(2) Any other offense is a misdemeanor.

(3) Any misdemeanor, the penalty for which does not exceed imprisonment for a period of six months or a fine of not more than $500, or both, is a petty offense.

(June 25, 1948, ch. 645, 62 Stat. 684.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18 (Mar. 4, 1909, ch. 321, § 335, 35 Stat. 1152; Dec. 16, 1930, ch. 15, 46 Stat. 1029). Clarification of felony and misdemeanor punishments.The former Committee on Revision of the Laws of the House received from members of the Federal bench and bar numerous requests that the inconsistency between the provisions of section 541 of title 18, U. S. C., 1940 ed., and the 29 sections listed below, be eliminated.

Said 29 sections appear in the United States Code, 194C ed., as listed:

Several of these sections will appear in this revision. and in all such instances the language denominating the crime as a misdemeanor was deleted.

United States District Judge C. C. Wyche, of the Western District of South Carolina, suggested that said section 541 be repealed and that a new section be enacted defining felonies and misdemeanors according to nature of offense instead of by punishment to be inflicted.

United States District Judge W. Calvin Chesnut, of the District of Maryland, suggested a clarification of the definition and classification of Federal crimes-treason and possibly those providing capital punishment, felonies, misdemeanors, and petty offenses.

This section as revised conforms substantially with a draft submitted by the Lawyers' Club of Los Angeles through Rollin L. McNitt, chairman of its legislative committee.

Two circuit courts of appeals have held that if a statute specifically designated a crime as a "misdemeanor" but prescribed a punishment which would bring it within the definition of a felony under section 541 of title 18, U. S. C., 1940 ed., the definition was controlling, notwithstanding the specific designation of the crime as a "misdemeanor." (See Hoss v. United States, Okl. 1916, 232 F. 328, 146 C. C. A. 376; and Sheridan v. United States, Or. 1916, 236 F. 305, 149 C. C. A. 437, certiorari denied, 1916, 37 S. Ct. 402, 243 U. S. 638, 61 L. ed. 942.)

One district court, however, has twice ruled that the specific description of a crime as a misdemeanor" was controlling. (See United States v. Venturini, D. C. Ala. 1931, 1 F. Supp. 213 and Chapman v. United States, D. C. Ala. 1931, 3 F. Supp. 900.)

The Supreme Court of the United States has never specifically passed upon this point. (See however, Carroll v. United States, 1924, 45 S. Ct. 280, 267 U. S. 132, 69 L. ed. 543.)

The word "misdemeanor" is used in paragraph (3) in preference to the word "offenses" to conform to the interpretation of "petty offenses" by the Supreme Court of the 38803 0-59-vol. 4- -30

United States in Duke v. United States (1937, 57 S. Ct. 835, 301 U. S. 492, 81 L. ed. 1243), wherein the Court stated that the evident object of the proviso, now paragraph (3), was to bring about a "subdivision of misdemeanors of minor gravity to be known as petty offenses."

Confinement in common jail.-Word "imprisonment" in paragraph (3) was substituted for "confinement in a common jail", since it is unnecessary to describe the place of confinement in view of section 4082 of this title, which provides that all persons convicted of an offense against the United States shall be committed for such terms of imprisonment as the court may direct, to the custody of the Attorney General of the United States or his authorized representative, who shall designate the places of confinement where the sentences of all such persons shall be served.

Omission of hard labor provisions.-Words "without hard labor" before "for a period of six months" were omitted to conform to policy followed by codifiers of 1909 Criminal Code, and because such a provision is obsolete in view of section 4082 of this title, authorizing commitment to the custody of the Attorney General and sections 4001 and 4121 et seq. of this title, making all Federal prisoners subject to whatever discipline may be prescribed in the prisons to which they are committed. (See S. Rept. 10, pt. I, pp. 12 and 13, 60th Cong., 1st sess., to accompany S. 2982.) Omission of information or complaint.-The provision "and all such petty offenses may be prosecuted upon information or complaint" was omitted as covered by rule 7 (a) of the Federal Rules of Criminal Procedure.

Reconciliation of punishment provisions.—A comparative study was made of the penalty provisions of all offenses enumerated in part I of this title. In attempting to reconcile inconsistent and incongruous punishments for offenses involving the same degree of moral turpitude, the following criteria were generally observed.

1. Heinous felonies: For a felony involving a high degree of moral turpitude, such as treason, murder, kidnaping, robbery, etc., a severe penalty was considered justified. 2. Ordinary felonies: For a felony involving a lesser degree of moral turpitude than a heinous felony, a maximum imprisonment of 5 years was adopted. At present numerous statutes, such as the National Motor Vehicle Theft Act and the White Slave Traffic Act, carry the 5-year imprisonment penalty, while fraud, filing false statements, etc., carry a 10-year imprisonment penalty. These discrepancies seem incongruous, especially when it is remembered that the maximum penalty is rarely imposed. 3. Offense mala prohibita: For violations of regulatory statutes, constituting mala prohibita, a maximum imprisonment penalty of 1 year seemed adequate. This prevents the stigma and consequence of a felony conviction from attaching to the defendant and, on the other hand, would facilitate and expedite prosecutions by making it possible to prosecute by information. Moreover, juries frequently are reluctant to convict any defendants if they know the potential maximum penalty is excessive, although it is seldom imposed in actual practice.

4. Miscellaneous: All 18-month imprisonment penalties were eliminated. They were increased if the nature of the offense warranted it or reduced to 1 year in order that the offense be made a misdemeanor.

CROSS REFERENCES

Embezzlement, etc., from Federal Reserve and member banks as exception to definitions of this section, see sections 656 and 1005 of this title.

Failure to collect or pay over tax or attempt to defeat or evade tax as felony, see sections 7201-7203 of Title 26, Internal Revenue Code.

or

Federal employees, strikes against Government advocacy of its overthrow as a felony, see section 118J-1 of Title 5, Executive Departments and Government Officers and Employees.

Masters of sealed vessel failing to proceed to port of destination and deliver cargo to customs officers as felony, see section 1464 of Title 19, Customs Duties. Penitentiary imprisonment for misdemeanor prohibited unless by consent, see section 4083 of this title.

Punishment for acts declared in Merchant Marine Act, 1936 to be a misdeameanor to be by fine of not more than $10,000 or imprisonment for not less than one or more than five years, or both, see section 1228 of Title 46, Shipping.