A copyright nexus between food and fashion

Amanda Mell

Journal of Intellectual Property Law and Practice, 2025, vol. 20, issue 2, 78-91

Abstract: This article confronts the US copyright system’s treatment of two undervalued art forms: food art and fashion design. The threshold requirements of originality and fixation and the useful article doctrine continue to deprive chefs, food artists and fashion designers of the recognition they deserve. As a result, US copyright law favours established brands and traditional works of visual art over independent creators and works of applied art.By comparing the American copyright regime to those of other countries, I demonstrate the feasibility of extending copyright protection to food art and fashion design without stymying innovation. Furthermore, I explore the sexist, classist underpinnings of the food and fashion industries and their widespread over-reliance on unauthorized copying and unsavory practices to incentivize creativity.Despite each obstacle to protection, including ephemerality, utility and the industry norms of collaboration and copying in conceptualizing new works, copyright law should recognize exceptionally original feats of food art and fashion design. With more protections for unconventional art, creatives will have the freedom to take risks and the ability to benefit from their ingenuity.

Date: 2025
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