Thus, while copyright protection would be refused for most table or floor lamps, the fact that a piece of sculpture had been turned into a lamp would not negate the protection otherwise appropriate for free-standing sculpture. Something such as an urn may qualify for copyright, but the best way to find out is to attempt to register it. If the Copyright Office accepts the registration, a court will likely go along. If registration is denied, design patent protection may be available. One may then want to inquire into that substantially more expensive option.
Independent creation is permitted.
A second work, identical to an earlier copyrighted work, does not infringe, if it is, in fact, independently created. No formalities are required to obtain copyright. As mentioned above, appropriate kinds of work are protected by copyright when they are fixed in a tangible medium, whether or not they can be directly perceived by human senses. It is unnecessary even to provide a copyright notice. In the U.S., notice eliminates a potential defense of a copier.