Copyright: the useful article test
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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:
- separable if artistic part can stand on its own as a work of art as traditionally conceived AND
- if useful part would be still be useful without the artistic element
- separable if artistic part can stand on its own as a work of art as traditionally conceived AND
