shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article").
The test of separability and independence from "the utilitarian aspects of the article" does not depend upon the nature of the design that is, even if the appearance of an article is determined by aesthetic (as opposed to functional) considerations, only elements, if any, which can be identified separately from the useful article as such are copyrightable.
where the first term cannot be identified separately from the constant term.
We will suppose that, like a sentence, a mental token can be identified separately from its meaning.
Customers can also ask that Bugcrowd bounty hunters tunnel their traffic through Bugcrowd's own proxy service so that they can be identified separately from anyone who might actually be attacking the customer's site.
As γlj can be identified separately from the vignette equation and can be matched to γs j based on the assumption of response consistency, β in Equation (6) can be identified.
Consistent with this, there was very little overlap among the genes differing in expression between populations that were identified separately in males and females from whole-fly microarray studies [ 19], which suggests that most of the between-population expression divergence is sex-specific.
Those from Jamaica were identified separately as, unlike some Caribbean countries, the majority of its population is of West African heritage.
