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Mazer v. Stein

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1954 United States Supreme Court case
Mazer v. Stein
Argued December 3, 1953
Decided March 8, 1954
Full case nameMazer v. Stein
Citations347U.S.201 (more)
74 S. Ct. 460; 98L. Ed. 630
Case history
PriorCertiorari to the United States Court of Appeals for the Fourth Circuit
Holding
Copyright may extend to mass-produced items, even though just the aesthetic form, not the mechanical or utilitarian aspects.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Stanley F. Reed
Felix Frankfurter · William O. Douglas
Robert H. Jackson · Harold H. Burton
Tom C. Clark · Sherman Minton
Case opinions
MajorityReed, joined by Warren, Frankfurter, Jackson, Burton, Clark, Minton
ConcurrenceDouglas, joined by Black
Superseded by

Mazer v. Stein, 347 U.S. 201 (1954), was acopyright case decided by theUnited States Supreme Court. In an opinion written by JusticeStanley 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 (citingF. 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 theMazer decision into theCopyright 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 caseStar Athletica, LLC v. Varsity Brands, Inc. and created a canonical test for separability.

See also

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Further reading

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Presentment Clause of Section VII
Commerce Clause of Section VIII
Dormant Commerce Clause
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