U.S. Supreme Court,
Intellectual Property
Mar. 30, 2017
New copyright test may not be the final chapter
One wonders whether the Supreme Court's new test will resolve or replicate the puzzles that led to this decision.
Elliot N. Brown
Phillips ADR Enterprisescomplex litigation and intellectual property
Email: ebrown@phillipsadr.com
Harvard Univ Law School
Elliot Brown is a partner in the Los Angeles office of Irell & Manella LLP where he specializes in complex litigation and a broad spectrum of intellectual property matters.
We consider many useful things as art. Art museums collect and display such useful things as tools, furniture, weapons, pottery, clocks and musical instruments. Yet copyright law, art's primary patron in U.S. law, has had a reluctant, complicated relationship with "useful articles," defined in the Copyright Act as "an article," i.e., a tangible thing, "having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information."
Copy...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In