An interesting split in the Circuits has developed over whether costumes are per se copyright ineligible. According to one line of cases, costumes are entitled to copyright protection if the design is unique.
Unmasking the Copyrightability of Costumes (and Clothing)
An interesting split in the Circuits has developed over whether costumes are per se copyright ineligible. According to one line of cases, costumes are entitled to copyright protection if the design is unique. Another line of cases, however, seemingly endorsed by Second Circuit dicta, suggests that because the purpose of a costume is to allow its wearer to masquerade, the design of the costume is not conceptually separable from the clothing itself.
By
Stephen W. Feingold, Marc A. Lieberstein, And Danielle R. MendelsohnThis premium content is locked for The Intellectual Property Strategist subscribers only
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