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[artchain]

Anyone have thoughts on this?

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/07/AR2011020706635.html

[Isaac]

The article includes some statements of law that seem dubious.

"The first test for the Indians will come at Mardi Gras, now that they have copyrighted the new costumes they will wear this year. The Indians revamp or completely remake their suits every year, and the copyright takes effect at the first public showing, said Ryan Vacca, an assistant professor of law at the University of Akron."

At the time of display but not at fixation?  That does not seem right.

"Miller copyrighted his costume at Keaton's urging..."

Uh, I think Miller registered his copyright at Keaton's urging, but how could he if the copyright does not take effect until the first public showing.

[Yak]

From a blog article posted back in April:
The Ninth Circuit classified masquerade costumes as copyrightable works of applied art, finding that “[t]he function of costumes has little to do with their design.” The Fifth Circuit, however, did not extend protection to uniforms for casino workers, including masquerade costumes. As New Orleans is in the Fifth Circuit, an attorney for the Indians would have to find a way to distinguish their costumes from the casino worker costumes.

Also STAGECRAFT COSTUMING INCORPORATED sued HOUSEHAUNTERS LIMITED LIABILITY COMPANY in March 2010 in the Southern Dist of Ohio over copyright infringement of a gorilla costume.  http://www.techdirt.com/articles/20100331/1824018824.shtml