Star Athletica V. Varsity: Ceci N'est Pas Une … Useful Article

By Jacqueline Charlesworth (March 26, 2017, 3:44 PM EDT) -- Every so often, in the annals of contemporary copyright law, it is refreshing to encounter a decision that does not contain the terms "fair use" or "Digital Millennium Copyright Act," and to spend some time thinking about the actual intellectual property that copyright is supposed to protect — or not. Does copyright extend to an artistically crafted pipe, or only a picture of the pipe?

Last week, the U.S. Supreme Court gave us just such an opportunity, issuing its much-anticipated (at least among copyright devotees) opinion in Star Athletica LLC v. Varsity Brands Inc., concerning the protectability of cheerleader uniform designs....

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