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The History and Principles of American Copyright Protection for Fashion Design: On 'Originality'
|Title:||The History and Principles of American Copyright Protection for Fashion Design: On 'Originality'|
|Authors:||Colman, Charles E.|
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|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|
|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.|
|Appears in Collections:||Colman, Charles E.|
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