USEFUL OR USELESS?: A MODERN PERSPECTIVE ON THE PROTECTABILITY OF USEFUL ARTICLES IN DOMESTIC & FOREIGN COPYRIGHT LAW

摘要

In conclusion, the underlying premise that double protection for useful articles should be avoided is invalid. As a result of this faulty premise, the United States has had a history of inconsistent and confusing standards for copyrighting pictorial, graphic, and sculptural useful articles. These inconsistencies can be avoided by looking to foreign law, such as Sweden, Germany, China, and even software protection law. Furthermore, the arguments against double protection are mostly speculative and lack any solid basis. Likewise, most of the criticism can be resolved by adopting a back-end remedial approach through an election of remedies or some form of remedial calibration.