Law Commons^™

A Rose Is A Rose Is A Rose--But Is A Costume A Dress?, Malla Pollack

Malla Pollack

Law differs from life. If a judge, or more importantly a justice, calls a tail a leg, the tail does become a leg. Or, to be precise, the owner of the tail is treated as if he owned a leg. This short essay deals with the changeable meaning of the words "utilitarian function" and "useful article" in the Copyright Act. To be specific, is the Eastern District of New York correct in grouping a Halloween costume with a dress, rather than with a nose mask? This absurd question, timely reraised just after Halloween, is another chimera in the horror house …