Navigate the critical IP boundary between art and commerce. Discover through real cases how courts decide which creations receive legal protection and why.
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.
Legal Technology & Education
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Founding Partner at One, LLP
Peter Afrasiabi is a founding partner at One LLP and focuses his practice on copyright, patent, trademark, and entertainment litigation. In addition, Peter is a professor and the Director of the Appellate Clinic at the University of California, Irvine School of Law. Peter graduated from the University of California, Los Angeles and the University of Southern California Gould School of Law.
