Please use this identifier to cite or link to this item: http://hdl.handle.net/10125/46038

The History and Principles of American Copyright Protection for Fashion Design: On 'Originality'

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Item Summary

Title: The History and Principles of American Copyright Protection for Fashion Design: On 'Originality'
Authors: Colman, Charles E.
Keywords: copyright
intellectual property
IP
fashion
industrial design
show 4 moreapplied art
originality
separability
useful articles

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Issue Date: 2015
Publisher: Harvard Journal of Sports & Entertainment Law
Citation: Colman, C. (2015).The History and Principles of American Copyright Protection for Fashion Design: On 'Originality'. 6 Harv. J. Sports & Ent. L. 299 2015
Related To: https://works.bepress.com/charles-colman/7/
Abstract: As discussed in the previous installment of this five-part series, A Strange Centennial, lawyers and non-lawyers alike have often parroted the refrain that U.S. copyright does not apply to articles of fashion design. The American legal system's actual treatment of fashion articles is far more nuanced. If pressed for an accurate generalization, one might reasonably state that certain components of fashion design are copyright-eligible, but even those elements tend to receive less consistent and robust protection than that accorded to most other types of "artistic" or "expressive" works under the law. The main objective of A Strange Centennial was to shed light on the evolution of popular and judicial thinking about the conceivability of copyright protection under U.S. law as an appropriate vehicle for asserting exclusive rights over works of fashion design. An examination of the resulting doctrinal and rhetorical innovations in fashion-related copyright litigation from the late Nineteenth Century to the late Twentieth Century revealed that, after an initial period of "inconceivability," lasting from the inception of American copyright until the early 1900s,' designers pressed increasingly "colorable" claims of copyright infringement concerning their creations.
Pages/Duration: 46 pages
URI/DOI: http://hdl.handle.net/10125/46038
Appears in Collections:Colman, Charles E.



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