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Superior Form Builders, Inc. v. Dan Chase Taxidermy Supply Co., 74 F.3d 488 (1995) p222

SUBJECT:

Copyrightable material - mannequins

FACTS:

Animal mannequins are being made that have both utilitarian and artistic features.

ISSUE:

Whether an animal mannequin is copyrightable.

RULE:

If a work is creative, and not merely utilitarian, it is copyrightable.

HOLDING:

The mannequins are not useful objects merely.

RATIONALE:

A mannequin provides the creative form and expression of the ultimate animal display. The mannequins are a form of artistic expression and are therefore copyrightable.

POLICY/NOTES: