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06/10/10(Thu)17:32 No.3088683>Copyright protection is generally not available to
articles which have a utilitarian function. Examples of these types of
"useful articles" would include lamps, bathroom sinks, clothing, and
computer monitors. Under the Copyright Act, the only copyright
protection available to these items is for "features that can be
identified separately from, and are capable of existing independently
of, the utilitarian aspects of the article." Unfortunately, this test is
inherently ambiguous when deciding the scope of copyright protection
for certain useful articles.
>Some
distinctions are clear. For instance, a painting on the side of a truck
is protectable under copyright law even though the truck is a useful
article. The painting is clearly separable from the utilitarian aspects
of the truck. The overall shape of the truck, on the other hand, would
not be copyrightable since the shape is an essential part of the truck's
utility. Another commonly considered example is that of clothing. The
print found on the fabric of a skirt or jacket is copyrightable, since
it exists separately from the utilitarian nature of the clothing.
However, there is no copyright in the cut of the cloth, or the design of
the skirt or jacket as a whole, since these articles are utilitarian.
This is true even of fanciful costumes; no copyright protection is
granted to the costume as a whole.
tl;dr: Suck it you
clueless bitch. |
