9:32
[kevin oleary]
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LSDefine
Simple English definitions for legal terms
noncumulative approach
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A quick definition of noncumulative approach:
A noncumulative approach, also known as duality of art, refers to the twofold nature of applied art as both functional and aesthetic. In the United States, copyright protection is given to applied art only when the item can be identified as a work of art on its own, even if it does not perform its intended function. This approach is different from the unity of art approach, which considers both the functional and aesthetic aspects of applied art when determining copyright protection.
A more thorough explanation:
The noncumulative approach, also known as the duality of art, refers to the twofold nature of applied art as both functional and aesthetic. In the United States, this approach is used to determine copyright protection for applied art.
Under this approach, applied art is protected by copyright only if it can stand alone as an identifiable work of art, even if it did not perform the function it was designed to do. This means that if an object is purely functional and lacks artistic value, it cannot be protected by copyright.
For example, a chair that is designed solely for sitting and lacks any artistic value would not be protected by copyright. However, a chair that is designed with unique and creative features that make it a work of art in addition to being functional could be protected by copyright.
The noncumulative approach is also known as the duality of art because it recognizes that applied art can have both functional and aesthetic value, and that these two aspects should be considered separately when determining copyright protection.