Mr Sean Walsh

Sean Walsh


Intellectual Property

Test determining whether designs on useful articles are eligible for copyright protection
USA | 10 April 2017

While federal copyright laws unquestionably allow protection for original works of art, copyright eligibility has been less clear in situations where artistic designs are incorporated into articles with utilitarian features. In a recent decision, the Supreme Court clarified the test for determining whether artistic elements incorporated into a useful article are eligible for copyright protection.