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Title 17 — CopyrightsRelease 119-73

§1301 Designs protected

Title 17 › Chapter CHAPTER 13— - PROTECTION OF ORIGINAL DESIGNS › § 1301

Last updated Apr 6, 2026|Official source

Summary

A designer or owner can get the protection in this chapter for an original design that makes a useful item look attractive or stand out, if they follow the chapter’s rules. Designs of vessel hulls, decks, or a hull-and-deck together — including plugs and molds — are covered even if section 1302(4) might say otherwise. The Department of Defense’s rights in a registered design, including the right to build it, are decided only by subchapter I of chapter 275 of title 10 or by the agreement under which the design was made for the U.S. government. Original: a design created by the designer that clearly changes earlier similar work, is more than trivial, and was not copied. Useful article: a vessel hull or deck (or a part normally part of one) that has a real practical use, not just to show appearance or give information. Vessel: a craft made to steer itself on or through water by its own power and to carry people. Hull: the outer body of a vessel, not including deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, or attachments. Plug: a model or device used to make a mold for exact duplication. Mold: a form used to shape material. Deck: the horizontal surface that covers the hull, including exterior cabin and cockpit surfaces, excluding masts, sails, yards, rigging, hardware, fixtures, and other attachments.

Full Legal Text

Title 17, §1301

Copyrights — Source: USLM XML via OLRC

(a)(1)The designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter.
(2)The design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).
(3)Department of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of subchapter I of chapter 275 of title 10 or by the instrument under which the design was developed for the United States Government.
(b)For the purpose of this chapter, the following terms have the following meanings:
(1)A design is “original” if it is the result of the designer’s creative endeavor that provides a distinguishable variation over prior work pertaining to similar articles which is more than merely trivial and has not been copied from another source.
(2)A “useful article” is a vessel hull or deck, including a plug or mold, which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is part of a useful article shall be deemed to be a useful article.
(3)A “vessel” is a craft—
(A)that is designed and capable of independently steering a course on or through water through its own means of propulsion; and
(B)that is designed and capable of carrying and transporting one or more passengers.
(4)A “hull” is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.
(5)A “plug” means a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.
(6)A “mold” means a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.
(7)A “deck” is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(3). Pub. L. 117–81 substituted “subchapter I of chapter 275” for “section 2320”. 2008—Subsec. (a)(2). Pub. L. 110–434, § 1(b), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The design of a vessel hull, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).” Subsec. (a)(3). Pub. L. 110–434, § 1(c), added par. (3). Subsec. (b)(2). Pub. L. 110–434, § 1(d)(1), substituted “vessel hull or deck, including a plug or mold,” for “vessel hull, including a plug or mold,”. Subsec. (b)(4). Pub. L. 110–434, § 1(d)(2), added par. (4) and struck out former par. (4) which read as follows: “A ‘hull’ is the frame or body of a vessel, including the deck of a vessel, exclusive of masts, sails, yards, and rigging.” Subsec. (b)(7). Pub. L. 110–434, § 1(d)(3), added par. (7). 1999—Subsec. (b)(3). Pub. L. 106–113 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A ‘vessel’ is a craft, especially one larger than a rowboat, designed to navigate on water, but does not include any such craft that exceeds 200 feet in length.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–304, title V, § 505, Oct. 28, 1998, 112 Stat. 2918, as amended by Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(a)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–593, provided that: “The

Amendments

made by section 502 and 503 [enacting this chapter and amending section 1338, 1400, and 1498 of Title 28, Judiciary and Judicial Procedure] shall take effect on the date of the enactment of this Act [Oct. 28, 1998].” Joint Study of Effect of This Chapter Pub. L. 105–304, title V, § 504, Oct. 28, 1998, 112 Stat. 2917, as amended by Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4741(b)(1), title V, § 5005(a)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–586, 1501A–593, provided that: “(a) In General.—Not later than November 1, 2003, the Register of Copyrights and the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a joint report evaluating the effect of the

Amendments

made by this title [enacting this chapter and amending section 1338, 1400, and 1498 of Title 28, Judiciary and Judicial Procedure]. “(b) Elements for Consideration.—In carrying out subsection (a), the Register of Copyrights and the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall consider—“(1) the extent to which the

Amendments

made by this title has been effective in suppressing infringement of the design of vessel hulls; “(2) the extent to which the registration provided for in chapter 13 of title 17, United States Code, as added by this title, has been utilized; “(3) the extent to which the creation of new designs of vessel hulls have been encouraged by the

Amendments

made by this title; “(4) the effect, if any, of the

Amendments

made by this title on the price of vessels with hulls protected under such

Amendments

and “(5) such other considerations as the Register and the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office may deem relevant to accomplish the purposes of the evaluation conducted under subsection (a).”

Reference

Citations & Metadata

Citation

17 U.S.C. § 1301

Title 17 — Copyrights

Last Updated

Apr 6, 2026

Release point: 119-73