1. Class 7 Copyright, Autumn, 2016 Functional Works: Useful Articles
11/10/2018
Class 7 Copyright, Autumn, Functional Works: Useful Articles
Randal C. Picker
James Parker Hall Distinguished Service Professor of Law
Ludwig & Hilde Wolf Teaching Scholar
The Law School
The University of Chicago

2. PGS Works The Definition
11/10/2018
PGS Works
The Definition
“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.
November 10, 2018

3. PGS Works The Definition
11/10/2018
PGS Works
The Definition
Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned
November 10, 2018

4. Useful Articles The Definition
11/10/2018
Useful Articles
The Definition
A “useful article” is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a “useful article”.
November 10, 2018

5. PGS Works The Definition
11/10/2018
PGS Works
The Definition
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.
November 10, 2018

6. U.S. Patent Law: Design Patents

7. U.S. Patent Law: Design Patents

8. Apple Design Patent

9. Picker, Internet Giants: The Law and Economics of Media Platforms
11/10/2018
OUTRO: Next segment: Apple’s fight with Samsung.
TAGLINE: I’m Randy Picker at the University of Chicago. This is Internet Giants: The Law and Economics of Media Platforms.
Apple Design Patent

10. Apple v Samsung Complaint, Apr 15, 2011

11. “We, the jury, unanimously agree to the answers to the following questions and returns them under the instructions of this Court as our verdict in this case.”
Apple v Samsung Amended Verdict Form, Aug 24, 2012

12. Utility Patent Infringement
Apple v Samsung Amended Verdict Form, Aug 24, 2012

13. Design Patent Infringement
Apple v Samsung Amended Verdict Form, Aug 24, 2012

14. Picker, Internet Giants: The Law and Economics of Media Platforms
11/10/2018
Damages Award
Apple v Samsung Amended Verdict Form, Aug 24, 2012

15. Picker, Internet Giants: The Law and Economics of Media Platforms
11/10/2018
Damages By Device
Apple v Samsung Amended Verdict Form, Aug 24, 2012

16. Samsung Cert Petition (12 Dec 2015)
November 10, 2018

17. Samsung Cert Petition (12 Dec 2015)
November 10, 2018

18. Cert Granted on 2nd Question, Set for Argument 11 Oct 2016
Samsung Cert Petition (12 Dec 2015)
November 10, 2018

19. Apple v Samsung (CAFC 7 Oct 2016)
November 10, 2018

20. Apple v Samsung (CAFC 7 Oct 2016)
November 10, 2018

21. Mazer v. Stein Statuette
November 10, 2018
Mazer v. Stein Statuette

22. Kieselstein-Cord Belt Buckles 2nd Cir 1980: Copyrightable
11/10/2018
Source: Scan of 2nd Cir opinion: 652 f2d 994, 995
Kieselstein-Cord Belt Buckles 2nd Cir 1980: Copyrightable
November 10, 2018

23. Carol Barnhart Torsos: 2nd Cir 1985: Not copyrightable (2-1)
11/10/2018
Carol Barnhart Torsos: 2nd Cir 1985: Not copyrightable (2-1)
November 10, 2018

24. Brandir: 2nd Cir 1987: Bike rack uncopyrightable (2-1)
November 10, 2018

25. November 10, 2018
Varsity Brands

26. Star Athletica Merits Brief
November 10, 2018

27. Star Athletica Merits Brief
November 10, 2018

28. Star Athletica Merits Brief
November 10, 2018

29. Star Athletica Merits Brief
November 10, 2018

30. Star Athletica Merits Brief
November 10, 2018

31. Star Athletica Merits Brief
November 10, 2018

32. Varsity Brands Merits Brief
November 10, 2018

33. Varsity Brands Merits Brief
November 10, 2018

34. November 10, 2018
Compendium

35. Physical Separability
November 10, 2018
Compendium

36. Conceptual Separability
November 10, 2018
Compendium

37. Conceptual Separability
November 10, 2018
Compendium

38. Varsity Brands Majority Op
Five Questions
(1) Is the design a pictorial, graphic, or sculptural work?
(2) If the design is a PGS work, then is it a design of a useful article—“an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information”?
November 10, 2018

39. Varsity Brands Majority Op
Five Questions
(3) What are the utilitarian aspects of the useful article?
(4) Can the viewer of the design identify “pictorial, graphic, or sculptural features” “separately from ... the utilitarian aspects of the [useful] article[?]” 17 U.S.C. § 101.
November 10, 2018

40. Varsity Brands Majority Op
Five Questions
(5) Can “the pictorial, graphic, or sculptural features” of the design of the useful article “exist[] independently of[] the utilitarian aspects of the [useful] article[?]”
November 10, 2018

41. Varsity Brands Dissenting Op
What is functionality?
Clothing the body and wicking moisture?
Cheerleader identification?
Something else?
November 10, 2018

42. A Point of Agreement Per the Dissent
“It is apparent that either Congress or the Supreme Court (or both) must clarify copyright law with respect to garment design. The law in this area is a mess—and it has been for a long time. See Fashion Originators Guild of Am. V. Fed Trade Comm’n, 114 F.2d 80, 81 (2nd Cir. 1940) (Hand, J.).”
November 10, 2018

43. A Point of Agreement Per the Dissent
“The majority takes a stab at sorting it out, and so do I. But until we get much-needed clarification, courts will continue to struggle and the business world will continue to be handicapped by the uncertainty of the law.”
November 10, 2018