Supreme Court Will Review the Copyrightability of Apparel in Dispute Over Cheerleading Uniforms
By Jennifer M. Lantz and Stephanie Sivinski, of Haynes and Boone
The United States Supreme Court agreed on Monday, May 2, 2016 to hear argument on what one party called “the single most vexing, unresolved question in all of copyright”—determining when a feature of a “useful article” like clothing is eligible for copyright protection. Section 101 of the Copyright Act prohibits copyright protection for “useful articles” like clothing unless the clothing’s component features