Copyrightable Features in Useful Articles – Working the Problem after Star Athletica

Before Star Athletica vs Varsity Brands was decided, we filed a copyright application for a sculptural work.  A few months later, the Supreme Court published its decision in Star Athletica and the Copyright Office rejected the application on the basis that it “includes functional [i.e., useful article] elements” and “does not contain any copyrightable sculptural […]

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