Copyright Law in a Nutshell by Mary LaFrance

Author:Mary LaFrance
Language: eng
Format: epub
ISBN: 9781634603041
Publisher: West Academic
Published: 2016-10-15T00:00:00+00:00

VESSEL HULL DESIGN PROTECTION ACT

Under the “useful articles” analysis (see § 2.4 above), boat hulls are unlikely to qualify for copyright protection because their functional and artistic aspects are intertwined. After the Supreme Court held that a state law prohibiting the copying of boat hull designs was unenforceable due to federal preemption in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989) (see Chapter 13 below), Congress enacted sui generis legislation protecting such designs. Although the legislation was enacted as part of the DMCA, and is codified in Chapter 13 of Title 17, it operates independently of 239

the copyright statutes (and thus without regard to the useful articles doctrine), providing the creator of an original boat hull design with the exclusive right for 10 years to make, import, sell, or distribute products embodying that design, and provides a full array of infringement remedies (subject to limited exemptions) against one who copies the design with knowledge that it is a protected design. Protection is lost if the design is not registered within two years of being made public.

§ 7.11

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