Exact(1)
In Mazer v. Stein, the Supreme Court held that works of art which are incorporated into the design of useful articles, but which can stand by themselves as art works separate from the useful articles, are copyrightable.
Similar(59)
The watches themselves are not copyright-protected works (because of another copyright doctrine, the "useful article" doctrine, which largely does away with copyright protection for "utilitarian" objects).
– It is not an infringement of the exclusive rights of a design owner for a person to reproduce the design in a useful article or in any other form solely for the purpose of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design, or the function of the useful article embodying the design.
Justice Breyer dissented, joined by Justice Kennedy, arguing that "the designs cannot be perceived as… two- or three-dimensional works of art separate from the useful article," since the designs Varsity submitted to the Copyright Office were only pictures of the uniforms, which are useful articles.
– The design notice shall be so located and applied as to give reasonable notice of design protection while the useful article embodying the design is passing through its normal channels of commerce.
– (1) Error in any statement or assertion as to the utility of the useful article named in the application under this section, the design of which is sought to be registered, shall not affect the protection secured under this chapter.
Error in any statement or assertion as to the utility of the useful article named in the application under this section, the design of which is sought to be registered, shall not affect the protection secured under this chapter.
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.
The application for registration shall be accompanied by two copies of a drawing or other pictorial representation of the useful article embodying the design, having one or more views, adequate to show the design, in a form and style suitable for reproduction, which shall be deemed a part of the application.
– The application for registration shall be accompanied by two copies of a drawing or other pictorial representation of the useful article embodying the design, having one or more views, adequate to show the design, in a form and style suitable for reproduction, which shall be deemed a part of the application.
In the case of garments with distinguishing logos, prints or brand names, "copyright law says that if you can separate creative elements of these useful articles from the utilitarian function of the useful thing ― the dress, for instance ― then those separable elements can be protected," according to Zerbo.
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