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The Supreme Court established a two-part test in the case Star Athletica, L.L.C. v. Varsity Brands, Inc. :
Under the Useful Article Doctrine , copyright does protect the functional design of the object itself (which is usually the domain of patent law). Instead, it only protects artistic features that can be separated from the object's function. apdn__1249zip
For instance, a floral design engraved on a silver spoon can be copyrighted as an artistic work, but the shape and function of the spoon itself cannot be copyrighted. Why APDN Matters for Useful Articles The Supreme Court established a two-part test in
The feature must be able to exist on its own—for example, as a painting or sculpture—if it were imagined apart from the functional object. : Under the Useful Article Doctrine , copyright
According to 17 U.S.C. § 101 , a is an item with an "intrinsic utilitarian function" that goes beyond merely looking nice or providing information. Common examples include: Clothing: Protecting the warmth or shape of a body. Furniture: Providing a place to sit or eat.