Legal Definitions - useful-article doctrine

The useful-article doctrine, also known as the applied-art doctrine, is a principle in copyright law that determines when the artistic features of a utilitarian object can receive copyright protection. Copyright law generally protects original works of authorship, such as paintings, sculptures, and literary works, but it does not protect purely functional items or their functional aspects.

This doctrine clarifies that copyright protection for a useful article (an object with an intrinsic utilitarian function) extends only to those design elements that can be identified separately from, and are capable of existing independently of, the article's utilitarian aspects. In simpler terms, if an artistic feature of a useful object can be conceptually or physically separated from its function without impairing the object's utility, that artistic feature may be eligible for copyright protection.

Here are some examples illustrating the useful-article doctrine:

• Example 1: A Sculptural Bookend

  Imagine a bookend designed in the shape of a highly detailed, miniature dragon. The bookend's primary function is to hold books upright on a shelf. However, the intricate sculptural design of the dragon is purely aesthetic and does not contribute to its ability to perform this function.

  Under the useful-article doctrine, the functional aspect of the bookend (its weight and shape that allow it to support books) is not copyrightable. However, the unique, artistic sculpture of the dragon itself could potentially be copyrighted because it is a purely artistic feature that can be conceptually separated from the bookend's utilitarian function. One could imagine the dragon sculpture existing independently as a standalone piece of art, even if removed from its role as a bookend.

• Example 2: A Decorative Coffee Mug

  Consider a coffee mug with a handle uniquely sculpted into the form of a twisting vine with delicate leaves. The mug's primary function is to hold beverages, and the handle's function is to provide a grip.

  The basic cylindrical shape of the mug and the functional purpose of the handle are not copyrightable. However, the specific, artistic design of the vine and leaves on the handle, if it is sufficiently original and separable from the handle's basic gripping function, might be eligible for copyright protection. The artistic expression of the vine could be imagined as a separate sculptural element, distinct from the utilitarian need for a handle.

• Example 3: A Building Facade with Artistic Elements

  A building is a useful article, providing shelter and space. However, its facade incorporates a complex, non-functional mosaic mural depicting a historical event, covering a significant portion of an exterior wall.

  The structural elements of the building, such as walls, windows, and doors, which serve utilitarian purposes, are not copyrightable. However, the elaborate mosaic mural on the facade, being a purely artistic work that could exist independently as a large-scale artwork (e.g., if it were removed and displayed in a museum) without affecting the building's structural integrity or utility, could be eligible for copyright protection under the useful-article doctrine. The artistic expression of the mosaic is separable from the building's function as a shelter.