thesis
The Copyright Implications of Utilitarian Objects: How Do We Separate Aesthetics from Functionality?
It is hard to define the legal boundaries between art and product design. Indeed, this is a grey area in legal practice, as it can be difficult to determine which type of intellectual property a designed object falls under. In American legal practice, industrial design protection is available for utilitarian objects, but certain aspects of these objects can also receive copyright protection if they qualify as pictorial, graphic, or sculptural works. There is a so-called separability test to determine whether a useful article contains a separable aesthetic element eligible for copyright protection. I would like to apply the separability test on one of my own projects to determine whether it qualifies as a copyright-protected work.