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" ... the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified... "
The Industrial Innovation and Technology Act: Hearing Before the ... - Page 173
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks - 1987 - 274 pages
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The Copyright Book, fifth edition: A Practical Guide

William S. Strong - Law - 1999 - 402 pages
...protected as a pictorial, graphic, or sculptural work if the purely artistic elements of the article can be "identified separately from, and are capable...independently of, the utilitarian aspects of the article." The statutory history says that this language permits copyright to those design elements that are "physically...
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How to Read a Film: The World of Movies, Media, and Multimedia : Language ...

James Monaco - Performing Arts - 2000 - 678 pages
...a useful article ... shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial,...independently of, the utilitarian aspects of the article." [17 USC Sec. 101.] Figure 7-12. With hindsight, the merger of text, images, and sounds was irresistible....
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Art and Copyright

Simon Stokes - Art - 2001 - 216 pages
...defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial,...independently of, the utilitarian aspects of the article" (s. 101). "Useful article" is further defined as "an article having an intrinsic utilitarian function...
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International Copyright: Principles, Law, and Practice

Paul Goldstein - Language Arts & Disciplines - 2001 - 650 pages
...of a useful article "shall be considered a pictorial, graphic, or sculptural work only if. and only to the extent that, such design incorporates pictorial,...existing independently of. the utilitarian aspects of the article,"1h8 162. See. eg. Thermopae ft Borne v, Seprosy. Court of Cassation. Civ. I. March 28. 1995....
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Intellectual Property Damages: Guidelines and Analysis

Mark A. Glick, Lara A. Reymann, Richard Hoffman - Law - 2002 - 504 pages
...Exhibit 10-1).92 This means that it is possible to copyright the design of a useful article where that design incorporates "pictorial, graphic, or sculptural...existing independently of, the utilitarian aspects of the article."93 The practical analysis of copyright protection for pictorial, graphic, and sculptural works...
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Intellectual Property and Computer Crimes

Peter Toren - Law - 2003 - 916 pages
...defined in this section, shall be considered a pictorial, graphic, or sculptural work only if. and only to the extent that, such design incorporates pictorial,...independently of. the utilitarian aspects of the article." 17 USC § 101. 5 '"Motion pictures' are audiovisual works consisting of a series of related images...
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Copyright Law of the USA

293 pages
...defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial,...independently of, the utilitarian aspects of the article.— For purposes of section 513, a "proprietor" is an individual, corporation, partnership, or other entity,...
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The Economic Structure of Intellectual Property Law

William M. Landes, Richard A. Posner - Business & Economics - 2003 - 460 pages
...patenting it, and the term is much longer. The problem is that a design is copyrightable "only if, and only to the extent that, such design incorporates pictorial,...existing independently of, the utilitarian aspects of the article."88 The "Spirit of Ecstasy" would probably be copyrightable under this standard because it...
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Business and Legal Forms for Illustrators

Tad Crawford - Art - 2004 - 161 pages
...utilitarian aspects." The "design of a useful article" is considered copyrightable "only if, and only to the extent that, such design incorporates pictorial,...independently of, the utilitarian aspects of the article." Labels and Advertisements: Works prepared for use in connection with the sale or advertisement of goods...
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Intellectual Property Law Dictionary

Rachel Gader-Shafran - Law - 2004 - 734 pages
...defined in this Section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial,...independently of, the utilitarian aspects of the article. 17 USC § 101. Plug: a device or model used to make a mold for the purpose of exact duplication, regardless...
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