Scott Hemphill, Jeannie Suk, May 28, 2013
Earlier this year, in an important copyright ruling, the Supreme Court dropped a puzzling clue about copyright for designs that merits examination. In an opinion authored by Justice Breyer, the Court’s foremost copyright scholar, the Court posited a “design copyright” for a “dress” made in China and then sold in the United States. The statement is striking because courts have traditionally denied the copyrightability of fash
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