June 2018

We had previously covered the March 22, 2017 U.S. Supreme Court copyright ruling on designs on cheerleader uniforms. In Star Athletica, L.L.C. v. Varsity Brands Inc., a majority of the U.S. Supreme Court ruled that the two-dimensional designs on cheerleaders uniforms were at least in theory eligible for copyright protection. On August 10, 2017, seven years after this case was originally initiated, the trial court refused to send the case into overtime and dismissed Star’s complaint with prejudice in a way that serves as a reminder that, although a plaintiff can control when to bring a case, the plaintiff case lose control over when that case should be withdrawn. (Varsity Brands, Inc. v. Star Athletica, LLC, Case No. 10-02508 (W.D. Tenn. Aug. 10, 2017 & June 20, 2018).

If your business discovered that its revenue covered only 60% of its costs, it would be time for a re-examination of operations. According to the U.S. Copyright Office’s notice in the May 24, 2018 Federal Register (83 Fed. Reg. 24054), historically, the fees collected by the Copyright Office covered only 60% of its costs. It has proposed for public comment a new fee schedule, which includes many higher fees and some new fees.