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: The feature must be capable of existing independently of the utilitarian aspects if it were imagined separately. Key Legal Distinctions
In the landmark case Star Athletica, L.L.C. v. Varsity Brands, Inc. (2017), the Supreme Court established a two-part test to determine if a design element is copyrightable: 27911-15311262
What is a “Useful Article” in Copyright Law After Star Athletica? : The feature must be capable of existing
The is a legal principle in U.S. copyright law that determines whether the design of a functional item—such as a piece of furniture, a garment, or a lighting fixture—can receive copyright protection. Varsity Brands, Inc
: The feature must be able to be identified as a freestanding pictorial, graphic, or sculptural work apart from the article's utilitarian aspects.
A is defined as an object having an intrinsic utilitarian function that is not merely to portray its own appearance or convey information. Under 17 U.S.C. § 101, copyright protection for such articles is strictly limited to their artistic features (pictorial, graphic, or sculptural works) and does not extend to the article's overall functional design. The Two-Part "Separability" Test
