Designs on Cheerleader Uniforms Can Be Copyrighted

When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.

17 minute readNovember 02, 2015 at 12:00 AM
By
Judith L. Grubner
Designs on Cheerleader Uniforms Can Be Copyrighted

When is a graphic design a “work of authorship” that, when incorporated into the design of a useful article, is “identified separately from, and ' capable of existing independently of,

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