Quote of the Day - Use harms and even destroys beauty. The noblest function of an object is to be contemplated.
There it is. To be copyrightable, the heads can't be useful. How's that for a conundrum?
Actually, the court decided that the case turned on the issue of whether the heads were sculpture or not. The heads took 18 months to design, and had the "hungry look" of a runway model.
Presumably, this look was designed to make the mannequins more attractive, and it apparently worked. So well, in fact, that the defendant in the case was accused of violating the copyright on the "hungry look" mannequins. The defendant responded with the allegation that the copyright on those mannequins was invalid, arguing that mannequins were not copyrightable because they were useful, not a type of artwork.
Thus, the debate over usefulness or sculpture.
Always nice to know that beauty wins out over function.