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SUPERIOR FORM BUILDERS, INC. v. CHASE TAXIDERMY SUPPLY CO.

No. 94-2139.

74 F.3d 488 (1996)

SUPERIOR FORM BUILDERS, INC. Plaintiff-Appellee, v. DAN CHASE TAXIDERMY SUPPLY COMPANY, INCORPORATED; Dan Chase, Defendants-Appellants, and Lilly CHASE, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1996.

Attorney(s) appearing for the Case

ARGUED: Earle Duncan Getchell, Jr., McGuire, Woods, Battle & Boothe, Richmond, Virginia, for Appellants. Gregory Albert Giordano, Shuttleworth, Ruloff, Giordano & Kahle, P.C., Virginia Beach, Virginia, for Appellee. ON BRIEF: Amy T. Holt, Frank G. LaPrade, III, McGuire, Woods, Battle & Boothe, Richmond, Virginia, for Appellants. Lawrence H. Woodward, Jr., Shuttleworth, Ruloff, Giordano & Kahle, P.C., Virginia Beach, Virginia; F. Prince Butler, Griffin, Butler, Whisenhunt & Kurtossy, Arlington, Virginia, for Appellee.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

The principal issue presented in this appeal is whether animal mannequins used by taxidermists to mount animal skins are copy-rightable. The controversy centers around whether these mannequins are "useful articles" or "sculptural works" within the meaning of the Copyright...

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