Today’s installment looks at a call that is closer than most. As our readers know, an idea is not protectable, but one’s expression of an idea (as “fixed” in a tangible medium, in other words, written or drawn) is as protectable as the day is long. Did Target/Wrangler nab the artist’s expression here, or only his idea? To make matters more interesting, remember that an original combination of basic elements can be protectable even if the basic elements are not.
-Attorney Scott (scott@copyrightLA.com)
Wrangler is selling a rip of artist Ross Zietz’s work. He posted it on threadless some time back and now Target is selling the Wrangler rip. Take a look: