There are already some divides for personal/corporate (see e.g. the "Work for hire" rules), and purely functional works are already limited in how copyrightable

There are already some divides for personal/corporate (see e.g. the "Work for hire" rules), and purely functional works are already limited in how copyrightable they can be (see e.g. [1]). Once you get away from purely functional into things like textbooks and word-processors, things get complicated quickly. If I write a word-perfect clone, that's pretty darn functional, yet I probably make lots of creative choices in the process that are hidden from the user. If it's a word processor with its own peculiar interface, there are even user-visible creative choices. Did you perhaps mean aesthetic versus functional? If so, then that's even more of a treacherous area. How many people have Minard's famous chart[2] hanging on their wall for aesthetic reasons? Or what about e.g. Dr. Suess' books. Are those aesthetic, or are they an educational tool? 1: https://en.wikipedia.org/wiki/Lexmark_International,_Inc._v._Static_Control_Components,_Inc https://en.wikipedia.org/wiki/Lexmark_International,_Inc._v..... 2: https://en.wikipedia.org/wiki/Minard#/media/File:Minard.png https://en.wikipedia.org/wiki/Minard#/media/File:Minard.png