Mazer v. Stein, 347 U.S. 201 (1954), was a copyright case decided by the United States Supreme Court. In an opinion written by Justice Stanley F. Reed, the Supreme Court held that the statuettes—male and female dancing figures made of semivitreous china—used as bases for fully equipped electric lamps were copyrightable, even though the lamp itself was a utilitarian mass-produced item.
The case is notable for the quotation, "Unlike a patent, a copyright gives no exclusive right to the art disclosed; protection is given only to the expression of the idea—not the idea itself." 347 U.S. at 217 (citing F. W. Woolworth Co. v. Contemporary Arts, 193 F.2d 162; Ansehl v. Puritan Pharmaceutical Co., 61 F.2d 131; Fulmer v. United States, 122 Ct. Cl. 195, 103 F.Supp. 1021; Muller v. Triborough Bridge Authority, 43 F.Supp. 298.)
Congress incorporated the Mazer decision into the Copyright Act of 1976 as the concept of separability. For many years, there was confusion over how to determine separability, so tests proliferated and competed against one another. The Supreme Court addressed this issue in the 2017 case Star Athletica, LLC v. Varsity Brands, Inc. and created a canonical test for separability.
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use," and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978.
Star Athletica, LLC v. Varsity Brands, Inc., 580 U.S. ___ (2017), was a Supreme Court of the United States case in which the Court decided under what circumstances aesthetic elements of "useful articles" can be restricted by copyright law. The Court created a two-prong "separability" test, granting copyrightability on conditions of separate identification and independent existence. In other words, the aesthetic elements must be identifiable as art if mentally separated from the article's practical use and must qualify as copyrightable pictorial, graphic, or sculptural works if expressed in any medium.
Star Athletica, L. L. C. v. Varsity Brands, Inc. - 2017 case to determine when a "pictorial, graphic, or sculptural feature" incorporated into a useful article is eligible for copyright protection
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.
Further reading
Handler, S. P. (1971). "Copyright Protection for Mass-Produced, Commercial Products: A Review of the Developments Following Mazer v. Stein". University of Chicago Law Review. 38 (4): 807–825. JSTOR1598873.
Hauhart, Robert C. (1983). "The Eternal Wavering Line – The Continuing Saga of Mazer v. Stein". Hamline L. Rev. 6: 95.
Latman, Alan (1968). "Fifteen Years after Mazer v. Stein: A Brief Perspective". Bull. Copyright Soc'y U.S.A. 16: 278.
The University of Chicago Law Review is a law journal published by the University of Chicago Law School. It uses a different citation system than most law journals—the Maroonbook rather than the Bluebook. It is published quarterly in print and also has an online companion, The University of Chicago Law Review Online.
JSTOR is a digital library founded in 1995. Originally containing digitized back issues of academic journals, it now also includes books and other primary sources, and current issues of journals. It provides full-text searches of almost 2,000 journals. As of 2013, more than 8,000 institutions in more than 160 countries had access to JSTOR; most access is by subscription, but some of the site's public domain and open access content is available at no cost to anyone. JSTOR's revenue was $86 million in 2015.
The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
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