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Advocating for a Clear Test on Copyright and 3D Printed Objects

by • July 25, 2016 • No Comments

This may be one of our last blog posts of Star Athletica v. Varsity Brands, the cheerleader uniform case we’ve been writing of since last year. As you may recall, while nominally of copyright and cheerleader uniforms, the case is quite
of how copyright preserve
s objects which
combine decorative elements and by contrast, does not preserve
functional elements.

Since so most
3D printed objects combine both decorative and functional elements, this is an significant question for the 3D printing community. Conversations of licensing 3D printed objects cannot take place until everyone knows the types of rights which
in fact
preserve
those objects. Right now there are at very least ten various tests geared towards figuring out if and how copyright can preserve
an object which
is both functional and decorative. Unfortunately, this situation has not yet proven to be helpful.

Fortunately, the U.S. Supreme Court can have the opportunity to settle on one test soon. In February we urged the Supreme Court to take a appear at this case, and in May it decided to do so. Late last week we, along with the International Costumers Guild, the Open Source Hardware Association, Formlabs, Printrbot, the Organization for Transformative Works, the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries joined a brief written by Charles Duan and Meredith Rose at the public interest organization Public Knowledge. On the other hand the brief does not hustle for a specific test, it does ask the Court to nominate a single test which
is clear and effortless for the greater community to know.

In the upcoming few months the Court can schedule oral arguments in the case. After which
– most likely
upcoming year – an opinion can be declared.

We can be certain
to store you posted as events unfold. In the meantime, you can read the brief here. In addition to the substance, you should take a moment to appreciate the font which
Charles created exclusively for Supreme Court briefs – exceedingly rare one of lawyers – to master the inclusion of imagery in legal briefs.

Feature image of petful.


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by admin • March 5, 2017