In the landmark case Star Athletica, L.L.C. v. Varsity Brands, Inc. (2017), the Supreme Court established a two-part test to determine if a design element is copyrightable:
A is defined as an object having an intrinsic utilitarian function that is not merely to portray its own appearance or convey information. Under 17 U.S.C. § 101, copyright protection for such articles is strictly limited to their artistic features (pictorial, graphic, or sculptural works) and does not extend to the article's overall functional design. The Two-Part "Separability" Test
What is a “Useful Article” in Copyright Law After Star Athletica?
The is a legal principle in U.S. copyright law that determines whether the design of a functional item—such as a piece of furniture, a garment, or a lighting fixture—can receive copyright protection.
: The feature must be capable of existing independently of the utilitarian aspects if it were imagined separately. Key Legal Distinctions
: The feature must be able to be identified as a freestanding pictorial, graphic, or sculptural work apart from the article's utilitarian aspects.