CSUSA Media Library: Session Details

Session Name: The Sweet Smell of Copyright Protection
MeetingType: Chapter Meeting
Date: 04/22/09
Description: Fragrance is fleeting, but these days, copyright seems to live forever. Now take perfume . . . or can you? It depends on where you dab it on. In the Netherlands, be careful about following another’s scent. Elsewhere in Europe, you may, or may not, be safe to do so. For over thirty years, European courts have debated the subject and the resulting decisions have been wildly inconsistent. In the United States, perfume -- like fashion designs and hairstyles -- still is not copyrightable. Is this a remnant of sexism against a field associated more with women than with men, or is it sound policy? Are perfume creations capable only of sensual appreciation, and does that mean they are not original works protectable by copyright? Is perfume a “solidarity good” that derives value not from its inherent fragrance, but from consumer desire to participate in trends and fashions -- and would the scent of innovation be soured by rights enforcement?
Program Details
Course Materials
Speaker(s): Charles Cronin, Kari Arienti, Tobian Cohen Jehoram, Victoria Frolova
Moderator(s): Derek Bambauer
Keywords: Copyrightability, Enforcement, International Issues, Originality