Like A Trip Back To Middle School

Thursday, September 27, 2007

in case you're wondering . . . no, they're not copyrightable

word for word out of my Copyright supplement:

"ConWest has created, and registered claims of copyright in, twelve sculptures of male genitalia, which it reproduces and sells as adult novelty items under the trademark FALCON. The packaging for each sculpture indicates that it is compatible with a variety of lubricants and is dishwasher safe. ConWest sued Playtime Novelties for unauthorized sales of ConWest's products, and Platime argued that teh sculptures are useful articles, the designs of which are not protected by copyright. ConWest asserts that the sculptures' designs incorporate features that are conceptually separable from any of their utilitarian aspects. In particular, ConWest argues that the sculptures "are intended to stimulate in the mind of the beholder an appreciation of the inherent beauty and power of male sexuality" and notes that it "has priced these erotic fantasy sculptures well above the range for purely utilitarian 'sex toys'" and that collectors purchase the sculptures for display."


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