JOURNAL ARTICLE

A copyright nexus between food and fashion.

  • Published In: Journal of Intellectual Property Law & Practice, 2025, v. 20, n. 2. P. 78 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Mell, Amanda 3 of 3

Abstract

This article examines the limitations of the US copyright system in protecting food art and fashion design, two undervalued applied art forms. It highlights statutory obstacles such as the originality and fixation requirements and the useful article doctrine, which restrict copyrightability to expressive elements separable from functional utility, thereby disadvantaging chefs, food artists, and fashion designers. The article contrasts the US approach with more inclusive international regimes, such as those in France and Germany, which afford broader protections to culinary and fashion creations. It also discusses the influence of sexism and classism in shaping current legal frameworks and argues that extending copyright protection to these art forms could foster innovation, provide economic benefits to emerging creators, and promote a fairer market.

Additional Information

  • Source:Journal of Intellectual Property Law & Practice. 2025/02, Vol. 20, Issue 2, p78
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:17471532
  • DOI:10.1093/jiplp/jpae108
  • Accession Number:183076182
  • Copyright Statement:Copyright of Journal of Intellectual Property Law & Practice is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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