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Your sentiment is probably correct in that there are many aspects of copyright law that are not strictly aligned with the public’s intuition. But your example is a bit of a reach. Star Athletica was a relatively novel holding that allows for a specific piece of clothing, when properly argued, could qualify as copyrightable as a semi-sculptural work of art, however this quality of a given piece is separate to its character as clothing. In fact, the USSC in Star Athletica explicitly held a designer/manufacturer has “no right to prohibit any person from manufacturing [clothing] of identical shape, cut, and dimensions” to clothing which they design/manufacture. That quote is directly from a discussion of the ability to apply copyright protections to clothing design. I think the end result is that trying to argue technical legal issues around a poorly implemented statutory regime is always fraught with errors. That really leave moral and commercial arguments outstanding and advocacy should try and focus on that, when not fighting to affect change in the law these copyright determinations are based on.

And just to be clear, this post does not constitute legal advice.



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