uncopyrightable, adj. (Of a work) ineligible for copyright protection either because the work lacks originality or because it is an idea, concept, process, or other abstraction that is not included in one of the eight covered classifications of copyrightable works. 17 USCA §§ 101–106. [Cases: Copyrights and Intellectual Property 4. C.J.S. Copyrights and Intellectual Property […]
separability. Copyright. An element of various judicial tests used to determine whether a design in a functional article is a copyrightable work of applied art, or an uncopyrightable industrial design, the test being based on whether the beholder separates the work’s artistic appearance from its useful function. • Some courts use a strict physical separability
level of abstraction. Copyright. The degree to which a work describes an idea or process in a general rather than concrete way. • Judge Learned Hand posited that from any work one can restate the idea in more and more abstract ways, omitting more and more details, until one is left with an uncopyrightable idea
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