Legal Definitions - applied-art doctrine

The applied-art doctrine, also known as the useful-article doctrine, is a principle in copyright law that determines whether a work that serves a practical purpose can also receive copyright protection for its artistic elements. For such a work to be copyrightable, its artistic features must be separable from its utilitarian function. This means the artistic design must be able to exist independently as a pictorial, graphic, or sculptural work, apart from the article's usefulness. If the artistic aspects can be conceptually or physically separated from the functional aspects, then those artistic elements may be eligible for copyright protection.

• Example 1: A Sculptural Chair

  Imagine a chair designed with a highly intricate, abstract sculptural backrest that could stand alone as a piece of art. While the chair's primary function is to provide seating, the unique, non-functional design of the backrest is purely aesthetic. Under the applied-art doctrine, the sculptural backrest might be eligible for copyright protection because its artistic expression is separable from the chair's utilitarian purpose. One could hypothetically remove the backrest and display it as a sculpture without altering the fundamental function of a chair (though perhaps making it less comfortable).

• Example 2: An Artistically Designed Water Pitcher

  Consider a ceramic water pitcher featuring a unique, hand-sculpted handle in the shape of an animal or an abstract form, and intricate relief patterns covering its surface. The pitcher's utility is to hold and pour liquids. However, the specific artistic design of the handle and the surface patterns are decorative and expressive, going beyond what is merely functional for pouring. These artistic elements could potentially be copyrighted because they are conceptually separable from the pitcher's basic function; the pitcher could still hold water with a simpler handle or plain surface, demonstrating the artistic elements' independent existence.

• Example 3: A Decorative Architectural Facade Element

  Think of a building with a unique, non-load-bearing decorative panel on its exterior, featuring an elaborate mosaic or a complex sculptural relief. The building's overall function is to provide shelter and space. However, this specific facade element serves a purely aesthetic purpose, enhancing the building's appearance rather than contributing to its structural integrity or utility. The artistic design of the mosaic or relief could be copyrighted because it is conceptually separable from the building's functional aspects and could exist as an independent work of art.