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Pictorial, graphic, and sculptural works

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U.S. copyright law Edit

Under Section 101 of the 1976 Copyright Act, pictorial, graphic, and sculptural works:

include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.

A significant number of works distributed across the Internet are pictorial and graphic works. A work of art which is incorporated into the design of a useful article, but which can stand by itself as art work separate from the useful article, is copyrightable, but the design of the useful article is not.[1]

ReferencesEdit

  1. See Mazer v. Stein, 347 U.S. 201, 214-17 (1954).

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