Cheerleading and cheerleaders’ uniforms are not subject matter that one would typically associate with the United States Supreme Court, but that is about to change. The Supreme Court will hear a copyright dispute between two manufacturers of cheerleading uniforms, Varsity Brands Inc. and Star Athletica LLC. The case involves the question of whether stripes, zigzags and colors worn on uniforms can be copyrighted. While this is undeniably an unusual case, the effects of it could be far-reaching for the fashion world.
On August 2015, in a split decision, the 6th Circuit Court of Appeals in Cincinnati allowed Varsity Brands Inc. to pursue a copyright claim against Star Athletica LLC based on a uniform design. The Court found that the stripes, chevrons, zigzags, and color blocks in the outfits were more than aesthetic touches – and, in fact, made the outfit a cheerleading uniform. “The design of a rose and ‘the placement of that rose repeated in horizontal rows against an ornate background’ on fabric receive copyright protection,” said the 6th Circuit Court. “But the creative arrangement of sequins, beads, ribbon, and tulle, which form the bust, waistband of a dress, do not qualify for copyright protection because each of these elements (bust, waistband, and skirt) all serve to clothe the body.”
Copyright law covers “works” literary, artistic, dramatic and musical; and “materials” other than works, sound recordings, films, TV and radio broadcasts, and published editions. Despite repeated efforts by those in the clothing industry, Congress has not chosen to extend copyright protection to clothing designs.
The Supreme Court is expected to hear arguments and decide the case during the Court’s next term, which begins in October 2016 and ends in June 2017.
