Zahourek Systems v. Balanced Body University, No. 18-1300 (10th Cir. 2020)Annotate this Case
These appeals involves a sculptural work called “the Maniken,” which portrays the human body. The defendant, Balanced Body University, bought several Manikens and used them to advertise and instruct students on human anatomy. Jon Zahourek and his company Zahourek Systems, Inc., sued for copyright infringement (among other claims). The district court granted summary judgment to Balanced Body University on the copyright-infringement claim, concluding that the Maniken was unprotected as a “useful article.” If the Maniken was a useful article, it wouldn’t ordinarily be protectible under the copyright laws. The Tenth Circuit concluded that a genuine issue of material fact existed on whether the Maniken was a useful article.