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LSDefine

Simple English definitions for legal terms

separability

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A quick definition of separability:

Separability: Separability is a legal term used to determine if a design in a functional object can be protected by copyright law. It is based on whether the artistic appearance of the design can be separated from its useful function. Some courts use a strict physical separability test, while others consider whether the two roles of the design are conceptually separate.

A more thorough explanation:

Definition: Separability is a legal concept used to determine whether a design in a functional object can be protected by copyright law. It is based on whether the artistic appearance of the design can be separated from its useful function.

For example, if a lamp has a unique and artistic design, but the design is necessary for the lamp to function properly, then the design may not be protected by copyright law because it is not separable from the lamp's function. However, if the design is purely decorative and not necessary for the lamp to work, then it may be protected by copyright law because it is separable from the lamp's function.

Some courts use a strict physical separability test, which means that the design must be physically separable from the object's function. However, most courts use a conceptual separability test, which means that the design must be conceptually separable from the object's function.

sententia voluntatis | separability clause

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JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
Dkk
9:03
Fuck, reading the wikipedia now. Literal last song they did before they broke up was Storywriter. Wow.
9:05
That one is a masterpiece
9:05
My favorite song by them is Recreation
glovediedthisishismom
9:05
snowing
Dkk
9:07
@renard99: man, hard to find.
Dkk
9:07
@glovediedthisishismom: Congrats on the snow.
Dkk
9:16
@renard99: Poetic and nice.
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