IP Overview: Is it Art or a Commercial Product?

In this fun overview and exploration of our intellectual property law, host Peter Afrasiabi takes you on an odyssey through copyright and trademark law to look at various fun and interesting cases defining the line between creations that are art versus creations that count as commercial products not subject to intellectual property protections. Along the way before each case is addressed, you're given the option to make a decision for yourself as to whether the work at issue should count as art or a commercial product and then you get to see how the case comes down. From a seminal early 20th century case that pit Justice Holmes against Justice Harlan and as a result set the fault lines for the modern day discussions, this program will look at Burning Man buses, digital NFT’s of the Hermes designer bags, cheerleader costumes, dog toys reminiscent of the Jack Daniels bottle, and other art and sculptural creations all with an eye towards looking at what courts define as being art versus a commercial product.