Style Isn’t Protectable, Is It?

Copyright subsists in works of authorship, not in an artist’s or author’s style as such.  However, copyright does protect an author’s expression, and at times the line between protectable expression (and associated adaptation rights) and unprotectable ideas can be hard to draw. The advent of generative AI, which can mimic individual style cheaply and at scale, greatly raises the stakes of these issues for graphic artists, writers, musicians, and authors of all kinds. This increased interest in style has even led some social media influencers to assert copyright claims in their “vibe.”

The panelists will discuss the overlap between style, expression, and the analytical framework of substantial similarity.  Discussion topics will include possible differences between circuits, potentially necessary clarifications of or modifications to copyright law, and interactions with right of publicity and alleged trade dress claims.