[Jewelry making - Article 01488] - [Orchid] Curt of appeals upholds designer rights

[SoulOfWood]

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    http://www2.bc.edu/~yen/CopyrightWebPage/Kieselstein.html 

    This appeals court document shows the opinion of congress on the
    ability of copyright security. Get this; the main point: 

    1. It will, so long as the statute remains in its present form,
    always be necessary to determine  whether in a given case there is a
    physically or conceptually separable artistic sculpture or carving
    capable of existing independently as a work of art. 

    2. ... permitting  copyright to extend only to ornamental or
    superfluous designs contained within useful objects while denying it
    to artistically designed functional  components of useful objects.
    Generally they have favored representational art as opposed to
    non-representation artistic forms 


    [ Added section: Hanuman] 

    BARRY KIESELSTEIN-CORD v. ACCESSORIES BY PEARL, INC. 

    OPINION (Judge Oakes): 1. This case is on a razor's edge of
    copyright law. It involves belt buckles, utilitarian objects which
    as such are not copyrightable. But these are not  ordinary buckles;
    they are sculptured designs cast in precious metals-decorative in
    nature and used as jewelry is, principally for ornamentation. We say
     "on a razor's edge" because the case requires us to draw a fine
    line under applicable copyright law and regulations. Drawing the
    line in favor of the  appellant designer, we uphold the copyrights
    granted to him by the Copyright Office and reverse the district
    court's grant of summary judgment in favor  of the appellee, the
    copier of appellant's designs 



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