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'; U.S. Supreme Court Clarifies “Conceptual Separability” Copyright Test in Star Athletica v. Varsity Brands
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U.S. Supreme Court Clarifies “Conceptual Separability” Copyright Test in Star Athletica v. Varsity Brands

March 22, 2017

Clarifying the test for so-called “conceptual separability” in copyright, the Supreme Court affirmed the Sixth Circuit decision in Star Athletica v. Varsity Brands and held that the cheerleader uniform designs in issue were protectable, as they could be perceived separately from the uniforms themselves, and qualified as graphic works of art on their own.