How Rings Fit into the Copyright Scheme: Assessing Their Intrinsic Utilitarian Function By Adine Mitrani* Download a PDF version of this article here. Introduction I. Historical Background of Jewelry in the Copyright Act A. Initial Encounters in Early Legislation and Case Law B. Further Defining Useful Articles 1. The Copyright Act of 1976 2. Judicial Attempts at Defining “Intrinsic Utilitarian Function” and Separability C. Cases Assessing Ring Design Against the Useful Articles Doctrine II. Considering Rings as Sculptural Works Not Subject to a Useful Articles Analysis A. A Brief History on Jewelry: The Rise of Artistic Expression B. Considering Rings as Works of Art 1. Artistic Creativity: Discovery in the Process 2. Designers’ Perspectives 3. Adornment Purposes of Rings: Distinct from Clothing III. Considering Rings as Useful Articles Subject to a Separability Test A. The Purposes of Rings: Examining Their Intrinsic Functionality B. Functional Considerations Behind Ring Design C. Critical Reception: Does It Matter? Conclusion Continue reading →
