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IP Alert
IP Alert: Supreme Court Clarifies Copyright Eligibility

March 23, 2017

Yesterday, in Star Athletica LLC v. Varsity Brands, Inc., the U.S. Supreme Court ruled on a significant copyright issue. The Court held that “a feature incorporated into the design of a useful article is eligible for copyright protection only 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 fixed in some other tangible medium of expression—if it were imagined separately from the useful article into which it is incorporated.”

Fitch Even attorneys are studying the opinion and will provide more detail in a forthcoming alert.

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