74 Fla. L. Rev. 516 (2022)
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Copyright Law

Abstract

Fashion copyright jurisprudence has left unclear standards for the copyrightability of fashion designs. As fashion lies at the intersection of functionality and design, courts have struggled to set bright lines for determining the copyrightability of fashion articles. This ambiguity perpetuates the use of inconsistent standards among courts, leading to periods of leniency and stringency in design copyright standards. This Note outlines current U.S. design jurisprudence and the waxing and waning of courts’ willingness to recognize the copyrightability of fashion designs. This Note then compares U.S. copyright protections to those in France and other member nations of the European Union (E.U.), suggesting that the protection disparities between the regimes stem from cultural differences and anti-feminism. This Note then predicts that courts are entering another period of copyright leniency and an era of pro- designer jurisprudence following the Star Athletica, L.L.C. v. Varsity Brands, Inc. U.S. Supreme Court ruling.