For instance, a floral design engraved on a silver spoon can be copyrighted as an artistic work, but the shape and function of the spoon itself cannot be copyrighted. Why APDN Matters for Useful Articles
The artistic feature must be able to be perceived as a two- or three-dimensional work of art separate from the useful article.
The Supreme Court established a two-part test in the case Star Athletica, L.L.C. v. Varsity Brands, Inc. :