Nature of the Case
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Facts
P created original works of sculpture in the form of human figures by traditional clay-model technique. From this model, a production mold for casting copies was made. These statuettes, without any lamp components added, were submitted to the Copyright Office for registration as 'works of art' or reproductions thereof under § 5 (g) or § 5 (h) of the copyright law. Certificates of registration were issued. P sold the figures and also made lamp bases from them and sold the lamps as well. D, without authorization, copied the statuettes, embodied them in lamps, and sold them. P sued D for infringement. The District Court dismissed the complaint. The Court of Appeals reversed and held the copyrights valid. It said: 'A subsequent utilization of a work of art in an article of manufacture in no way affects the right of the copyright owner to be protected against infringement of the work of art itself.' D in its petition for certiorari presented a single question: 'Can statuettes be protected in the United States by copyright when the copyright applicant intended primarily to use the statuettes in the form of lamp bases to be made and sold in quantity and carried the intentions into effect?
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