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Subject Item
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Useful article
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A useful article is Designs for useful articles, such as vehicular bodies, wearing apparel, household appliances, and the like are not protected by copyright. However, The Court of Appeals for the Ninth Circuit has explained that "[t]his limitation is in keeping with the notion that functional items are not eligible for the relatively long-term protections of copyright, as opposed to the more temporary rights provided by the Patent Act." Because industrial designs are commonly integrated into a "useful article" — such as automobiles, handheld electronic devices, or clothing — they are often not eligible for copyright.
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A useful article is Designs for useful articles, such as vehicular bodies, wearing apparel, household appliances, and the like are not protected by copyright. However, The Court of Appeals for the Ninth Circuit has explained that "[t]his limitation is in keeping with the notion that functional items are not eligible for the relatively long-term protections of copyright, as opposed to the more temporary rights provided by the Patent Act." Because industrial designs are commonly integrated into a "useful article" — such as automobiles, handheld electronic devices, or clothing — they are often not eligible for copyright. The line between uncopyrightable works of industrial design and copyrightable works of applied art is not always clear. A two-dimensional painting, drawing, or other graphic work is still identifiable when it is printed on or applied to useful articles such as textile fabrics, wallpaper, containers, and the like. On the other hand, although the shape of an industrial product may be aesthetically satisfying and valuable, the copyright law does not afford it protection. The designs of some useful objects may be entitled to protection under design patent law administered by the U.S. Patent and Trademark Office.