Page:Copyright Law Revision (Senate Report No. 94-473).djvu/162

 “design” referring to those features of the useful article intended to give it an ornamental appearance. The protection provided by this legislation would begin when a useful article, bearing the design, is made public, and would last for 5 or, if renewed, 10 years.

Nothing in this legislation would affect any rights or remedies presently available under titles 17 and 35 of the United States Code.

An analysis of the provisions of Title II follows:

Section 201(a) provides that the author of an original ornamental design of a useful article may secure the protection provided by this bill upon complying with certain provisions. Section 301(b) defines the terms “useful article,” “design of a useful article,” “ornanmental,” and “original.”

Section 202 specifies that protection under this bill shall not be available for design that is not original; is staple or commonplace; is different from a design that is staple or commonplace only in significant details; or is dictated solely by a utilitarian function of the article that embodies it; or is composed of three-dimensional features of shape and surface with respect to men’s, women’s, and children’s apparel, including undergarments and outerwear.

Section 203 provides that protection for a design shall be available notwithstanding the employment in the design of subject matter excluded from protection under section 202 if the design is a substantial revision, adaptation, or rearrangement of said subject matter, provided that such protection shall be available to a design employing subject matter protected under title 17 or 35 of the United States Code or under this legislation only if such protected subject matter is employed with the consent of the proprietor thereof. It is further provided that such protection shall be independent of any subsisting protection in subject matter employed in the design, and shall not be construed as securing any right to subject matter excluded from protection or as extending any subsisting protection. Nothing in this section authorizes the protection of three dimensional features of clothing.

Section 204 provides that the protection for a design shall commence upon the date of publication of the registration pursuant to section 212(a).

Section 205(a) provides that the protection provided for a design by this legislation shall continue for a term of 5 years from the date of the commencement of protection but if an application for renewal is received during the year prior to the expiration of the 5-year term, the protection shall be extended for an additional period of 5 years from the date of expiration of the first 5 years.

Section 205(b) provides that upon expiration or termination of protection in a particular design all rights in the design shall terminate regardless of the number of different articles in which the design may have been utilized.

Section 206(a) provides that whenever any design for which protection is sought is made public, the proprietor shall mark it or have it marked with a design noitce consisting of the three specified elements.