IP Overview: Is it Art or a Commercial Product?

In this fun overview and exploration of intellectual property law, host Peter Afrasiabi takes you on an odyssey through copyright and trademark law to examine various interesting cases that define the line between creations considered art and those regarded as commercial products not protected by intellectual property laws.

Before each case is presented, you’ll have the opportunity to decide for yourself whether the work in question should be classified as art or as a commercial product. Then, you'll see how the courts ultimately ruled.

From a seminal early 20th-century case that pitted Justice Holmes against Justice Harlan—setting the fault lines for modern discussions—this program explores examples such as Burning Man buses, digital NFTs of Hermès designer bags, cheerleader costumes, dog toys reminiscent of the Jack Daniel’s bottle, and other artistic and sculptural creations. The focus throughout is on how courts distinguish between artistic expression and commercial products in the realm of intellectual property.