Where an artistic design is applied to a useful article which is produced in quantities of 50 or more, the copyright becomes unenforceable. The only enforceable protection available in this situation is an industrial design registration. A "useful article" is defined by the Copyright Act as one which has a function other than merely serving as a carrier for the artistic or literary material. For example, a decorative spoon, which functions as a piece of cutlery, would be a "useful article" and reproduction of the design of the spoon, or of the spoon itself, would not constitute an infringement of the copyright in that design.
There are exceptions to this rule, however. For example, copyright remains enforceable if the design merely constitutes a graphic or photographic representation applied to the face of an article, depicts a fictional character, or is a trademark. These exceptions preserve copyright in "spin-off" merchandise from films and television shows.
