Copyright law protects decorative features on cheerleading uniform, SCOTUS rules; ABA Journal, March 22, 2017

Terry Carter, ABA Journal; 

Copyright law protects decorative features on cheerleading uniform, SCOTUS rules

"The U.S. Supreme Court ruled Wednesday that copyright law protects decorative features on a cheerleading uniform, resolving what it calls “widespread disagreement” through an analysis of art, function and form through the lens of the 1976 Copyright Act’s pertinent section.

The majority opinion in the 6-2 ruling in Star Athletica v. Varsity Brands (PDF) was written by Justice Clarence Thomas, with a concurring opinion by Justice Ruth Bader Ginsburg and a dissenting opinion by Justice Stephen G. Breyer, who was joined by Justice Anthony Kennedy.

The question at issue concerned the appropriate test to determine when a feature of a useful article is protected under the Copyright Act’s Section 101."

In a Copyright Case, Justices Ponder the Meaning of Fashion; New York Times, 10/31/16

Adam Liptak, New York Times; In a Copyright Case, Justices Ponder the Meaning of Fashion:

"The case, Star Athletica v. Varsity Brands, No. 15-866, concerned stripes, zigzags and chevrons copyrighted by Varsity Brands, the leading seller of cheerleading uniforms. The company sued Star Athletica, a rival company, after it started to market uniforms with similar designs.

All concerned agree that two-dimensional designs may be copyrighted but that the cut and shape of three-dimensional garments may not. The question for the court was the legal significance of fusing Varsity’s designs with cheerleading outfits."

Copycats vs. Copyrights; Newsweek, 8/20/10

Ezra Klein, Newsweek; Copycats vs. Copyrights: Does it make sense to legally protect the fashion industry from knockoffs?:

"At a certain point, copyrights stop protecting innovation and begin protecting profits. They scare off future inventors who want to take a 60-year-old idea and use it as the foundation to build something new and interesting. That’s the difficulty of copyrights, patents, and other forms of intellectual protection. Too little, and the first innovation won’t happen. Too much, and the second innovation—the one relying on the first—will be stanched."

http://www.newsweek.com/2010/08/20/copycats-versus-copyrights.html