Carol Barnhart Inc. v. Econ. Cover Corp. - 773 F.2d 411 (2d Cir. 1985)

Rule:

The law refuses copyright protection for works of applied art or industrial design which have aesthetic or artistic features that cannot be identified separately from the useful article. Such works are not copyrightable regardless of the fact that they may be aesthetically satisfying and valuable.

Facts:

Plaintiff Carol Barnhart Inc., which was selling display forms to department stores, distributors, and small retail stores, filed a complaint against defendant Economy Cover Corporation, alleging that defendant has infringed its copyright and engaged in unfair competition by offering for sale display forms copied from four original "sculptural forms" to which Barnhart held a copyright. The district court granted Economy's motion for summary judgment on the ground that plaintiff's mannequins of partial human torsos used to display articles of clothing were utilitarian articles not containing separable works of art, and thus not copyrightable. Plaintiff appealed. 

Issue:

Were the plaintiff’s mannequins of partial human torsos utilitarian articles, and therefore, not copyrightable?

Answer:

Yes.

Conclusion:

On appeal, the court stated that, since the aesthetic and artistic features of plaintiff’s forms were inseparable from the forms’ use as utilitarian articles, the forms were not copyrightable. The court stated that it found no support in the statutory language or legislative history for the claim that merely because a utilitarian article fell within a traditional art form, it was entitled to a lower level of scrutiny in determining its copyrightability. Accordingly, the court affirmed the judgment of the lower court.