We have long held that clothes, as useful articles, are not copyrightable. Fashion Originators Guild v. FTC, 114 F.2d 80, 84 (2 Cir.1940) (L. Hand, J.), aff'd, 312 U.S. 457, 61 S.Ct. 703, 85 L.Ed. 949 (1941); see also 1 Nimmer on Copyright, supra, § 2.08[H], at 2-130.8. The Copyright Act of 1976 did not affect the prior law in this regard. H.R.Rep. No. 1476, 94th Cong., 2d Sess. 55 (1976), reprinted in 1976 U.S.Code Cong. & Admin.News 5659, 5668.

While the pictorial, graphic and sculptural aspects of useful articles may be copyrightable if they are separable from the article, physically or conceptually, 17 U.S.C. § 101 (1982), clothes are particularly unlikely to meet that test--the very decorative elements that stand out being intrinsic to the decorative function of the clothing. Cf. Brandir Int'l, Inc. v. Cascade Pacific Lumber Co., 834 F.2d 1142 (2 Cir.1987). In any event, the useful articles standing alone may never be registered. The registration must describe the separable elements. See Compendium II of Copyright Office Practices § 505.02 (1984). [Whimsicality] argues that although clothing may not be copyrightable, masquerade costumes are an exception to that general rule. In view of our disposition of this matter we need not address that contention.