In a new Court case involving Copyright laws, a US Court is planning to rule on whether or not ‘YOU’ the cosplayer are violating Copyright laws by making and wearing Copyrighted characters. For all the details on what this means, check out the news below, and share your thoughts after the JUMP!
Yes, you read that right: the Supreme Court of the United States may get to decide the legal status of all those Jedi robes you’ve got squirreled away. The Supreme Court is considering a case that will set the standard for when clothing and costume designs can be covered by copyright—and when people who mimic them (such as costumers) can be sued for potentially enormous damages.
The parties to the case, Star Athletica and Varsity Brands, both design cheerleading uniforms. Varsity claims that major portions of their designs are entitled to copyright protection, while Star Athletica points out (and is backed up by a long line of caselaw) that clothing designs are explicitly exempted from copyright. Their arguments rest on different interpretations of a legal concept known as “separability”—a topic so abstract and murky that even seasoned copyright lawyers avoid it.
To understand the case and its impact, you need to keep in mind two things. First, copyright protects creative works. It does not protect what it calls “useful articles,” or items which are designed purely for utility. Copyright protects a statue; it does not protect the chisel.
read more at publicknowledge.com