Shutterstock 'Star Athletica' Three Years On
The 2017 U.S. Supreme Court decision 'Star Athletica v. Varsity Brands' was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.
August 28, 2020 at 03:04 PM
8 minute read
There was much anticipation when the U.S. Supreme Court granted certiorari in and then decided a case addressing whether design elements of clothing could be protected by copyright, Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017). Over time, the range of copyright-eligible creations had expanded greatly to include creative works such as motion pictures, recorded music and choreography. But when it came to items that people wear, no matter how creative or how costly, fashion was a copyright no-go in the United States. Would fashion join movies, records and ballet in the circle of copyright protection?
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