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Published online by Cambridge University Press: 24 July 2019
Chapter 9 considers the role of design rights for DMFs. In it, I argue that DMFs should only receive design protection if the object they will print would receive such protection. Current practice in many jurisdictions is to the contrary. They protect any qualifying images if they appear on a computer screen. I argue that this approach impermissibly protects mere artistic images, which should be protected, if at all, by copyright law. I offer a framework for a teleological approach to design right in digital images and focus the approach on DMFs specifically. In addition, I describe how the EU Design Directive includes many important safeguards for free speech, experimentation, and private use. I recommend that the United States include similar protections in its design patent laws.
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