17 U.S.C. § 1301 — Designs protected
submitted 28 years ago by Pub. L. 105-304 to r/title-17-COPYRIGHTS · 440 words · no verdicts yet
The designer or other owner of an original design for a useful article may obtain protection under this chapter if the chapter’s requirements are met. The section addresses vessel designs, Department of Defense rights, and the meanings of several design-related terms.
(a) Designs Protected. (1) In general. The designer or another owner of an original design for a useful article may obtain the protection provided by this chapter by complying with this chapter and subject to its terms, if the design makes the article attractive or distinctive in appearance to people who buy or use it.
(2) Vessel features. A vessel hull, deck, or combination of hull and deck, including a plug or mold, is protected under this chapter even though section 1302(4) might otherwise apply.
(3) Exceptions. Department of Defense rights in a design registered under this chapter, including the right to build according to that registered design, are determined only by subchapter I of chapter 275 of title 10 or by the instrument under which the design was developed for the United States Government.
(b) Definitions. For this chapter—
(1) A design is “original” if it results from the designer’s creative work, provides a distinguishable variation over earlier work involving similar articles that is more than trivial, and was not copied from another source.
(2) A “useful article” is a vessel hull or deck, including a plug or mold, that in normal use has an inherent practical function beyond merely showing the article’s appearance or conveying information. An article that is normally part of a useful article is treated as a useful article.
(3) A “vessel” is a craft—
(A) designed and able to steer itself on or through water using its own propulsion; and
(B) designed and able to carry and transport one or more passengers.
(4) A “hull” is the outside frame or body of a vessel, excluding the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.
(5) A “plug” is a device or model used to make a mold for exact duplication, whether or not the device or model has an inherent practical function beyond showing the product’s appearance or conveying information.
(6) A “mold” is a matrix or form into which a substance or material is placed, whether or not the matrix or form has an inherent practical function beyond showing the product’s appearance or conveying information.
(7) A “deck” is the horizontal surface of a vessel covering the hull, including outside cabin and cockpit surfaces, but excluding masts, sails, yards, rigging, hardware, fixtures, and other attachments.
The designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter.
The design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).
Department of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of subchapter I of chapter 275 of title 10 or by the instrument under which the design was developed for the United States Government.
For the purpose of this chapter, the following terms have the following meanings:
A design is “original” if it is the result of the designer’s creative endeavor that provides a distinguishable variation over prior work pertaining to similar articles which is more than merely trivial and has not been copied from another source.
A “useful article” is a vessel hull or deck, including a plug or mold, which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is part of a useful article shall be deemed to be a useful article.
A “vessel” is a craft—
that is designed and capable of independently steering a course on or through water through its own means of propulsion; and
that is designed and capable of carrying and transporting one or more passengers.
A “hull” is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.
A “plug” means a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.
A “mold” means a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.
A “deck” is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.
Source credit: (Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2905; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(a)(3)], Nov. 29, 1999, 113 Stat. 1536, 1501A–593; Pub. L. 110–434, § 1(b)–(d), Oct. 16, 2008, 122 Stat. 4972; Pub. L. 117–81, div. A, title XVII, § 1702(l)(2), Dec. 27, 2021, 135 Stat. 2160.)
- 1998Enacted · Pub. L. 105-304 · 112 Stat. 2905
- 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
- 2008Amended · Pub. L. 110-434 · 122 Stat. 4972
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2160
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-304 on 1998-10-28.
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