Superior Form Builders, Inc. v. Dan Chase Taxidermy Supply Co.
, 74 F.3d 488 (1995) p222SUBJECT:
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: