Star Athletica set the table for the aff. It represents broad protection, but was insufficient to solve “communal authorship”
Steffe 23 (Luke Steffe, Indiana University Maurer School of Law, J.D. cum laude, Protection and Prevention: The Shortcomings of U.S. Copyright Law in Combatting Cultural Appropriation in the Fashion Industry, https://www.repository.law.indiana.edu/ipt/vol12/iss3/4/, IP Theory Vol. 12: Iss. 3, Article 4, Summer 2023---gm)
However, by expanding the concepts of what constitutes a valid copyright, Star Athletica now provides the framework to hold KTZ liable for infringement upon a showing that the motifs could be separated from the parka's utilitarian functions and protected on their own. 105 Despite the parka itself representing a copyrightable object, the Copyright Act remains restrictive when considered in light of customary law and traditional notions of communal authorship. Thus, it presents hurdles to the protection of analogous Indigenous designs. Star Athletica exemplifies the benefits of utilizing broad legislative interpretation as a tool to provide for greater protections and lays the groundwork for preventing cultural appropriation by incorporating customary laws within the existing legislative framework by recognizing notions of communal authorship and strengthening moral rights.