In a first-ever fashion copyright decision, the U.S. Supreme Court analyzed whether design elements on a cheerleading uniform could be copyright protected. This decision marks an important milestone for the fashion industry and will no doubt spawn further litigation as designers press newfound copyright protection and copycats wonder what is safe.
Under the Copyright Act of 1976, uniforms and other clothing are generally considered useful articles and therefore such items cannot be copyright protected. However, the Supreme Court in a majority 6-2 decision March 22 ruled in favor of Varsity Brand, finding that individual design elements incorporated into such useful articles are eligible for copyright protection “if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic or sculptural work either on its own or in some other medium if imagined separately from the useful article.”
