At the Intersection of Copyrights and Design Patents

The copyright laws are designed to protect original works of authorship. Copyright finds its natural application with works of fine art such as literature, film, music, painting, and sculpture. However, original authorship is not confined to the fine arts. Copyright law is also applied in the business world in connection with software, advertising, packaging graphics, catalogs, and operating manuals.

These cases show that copyright may provide a viable alternative to the use of design patent protection.