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Oct. 28, 2016

Justices to weigh 'useful article' copyrights

On Monday, the U.S. Supreme Court will hear oral argument over "What is the appropriate test to determine when a feature of a useful article is protectable under section 101 of the Copyright Act?" By Tyler T. Ochoa

Tyler T. Ochoa

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By Tyler T. Ochoa

On Monday, the U.S. Supreme Court will hear oral argument in Star Athletica, LLC v. Varsity Brands, Inc., 15-866. The question presented is: "What is the appropriate test to determine when a feature of a useful article is protectable under section 101 of the Copyright Act?"

Section 101 of the Copyright Act limits the copyright protection provided to industrial designs. It states: "[T]he design of a useful article ....

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