Copyright: the useful article test

Useful articles are generally not copyrightable (go get a patent!). So how can we tell if something is too useful to be copyrightable? One has to find a separability between the useful part and the artistic part to protect the artistic part.
  • Physical separation
  • Conceptual separability
  • Goldstein test:
    1. separable if artistic part can stand on its own as a work of art as traditionally conceived AND
    2. if useful part would be still be useful without the artistic element
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