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What is a “Useful Article” in Copyright Law After Star Athletica?

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:

: 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